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  • Canada’s Unfathomable Unwritten Constitutional Principles 

    Leclair, Jean (Queen's Law Journal, 2002)
    Since the advent of the Canadian Charter of Rights and Freedoms in 1982, Canadians courts have become bolder in the law-making entreprise, and have recently resorted to unwritten constitutional principles in an unprecedented fashion. In 1997, in ...
  • The Supreme Court’s Understanding of Federalism: Efficiency at the Expense of Diversity 

    Leclair, Jean (Queen's law Journal, 2003)
    This paper is an examination of the Supreme Court of Canada's interpretation of federalism since constitutional repatriation in 1982. It argues that the lure of centralist efficiency is overpowering a fundamentally important part of our federal order: ...