1. Comparative Constitutional Law Fall 2008 Professor Fischer Constitutional Crisis September 3, 2008

2. Canadian Artist: Emily Carr (Kispiax Village)

3. Canadian Artist: Emily Carr (Autumn Wods)

4. Wrap-Up Federalism in Canada: 2 list system Broad reading of provincial powers, narrow reading of POGG residuary power in A. 91 by both Privy Council and Supreme Court

5. What is Distributive federalism? Identity-based federalism? Which more accurately describes the Canadian system? Is canadian federalism asymmetrical? If so, how? See p. 16 RR, See Re Quebec Objection to A Resolution to Amend the Constitution [1982] 2 SCR 793

6. Crisis Management by the Supreme Court of Canada Reference Jurisdiction

7. Manitoba Language Reference (1985)

8. Patriation Reference (1981)

9. Secession Reference (1998) Followed Quebec referendum in 1995: vote to secede failed by margin of 50.4%- 49.4% Could Quebec constitutionally unilaterally secede from Canada?

10. Terrorism in Canada The FLQ October Crisis of 1970 (kidnapping of James Cross, Pierre Laporte) Trudeau response: the War Measures Act Invoked 3 times in Canadian history (First World War, Second World War (Japanese Candian internment), October Crisis) Replaced by Emergencies Act 1988

11. September 11, 2001

12. Security Certificates Charkaoui v. Minister of Citizenship and Immigration [2007] 1 S.C.R. 350 -

13. 2008: Amendment of IRPA – Bill C- 3

14. Charkaoui v. Canada [2008] SCC 38 Charkaoui round 2: destruction of notes by CSIS

15. David Fontana article Do you agree with David Fontana’s comparative critique of the U.S. Supreme Court in Dissent? [Handout packet p. 72] Why or why not?