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"40 years after the Canadian Charter of Rights and Freedoms arrived and 155 years after Confederation, it might be tempting to think that we have come to grasp all of the facets of the Canadian Constitution. Forgotten Foundations of the Canadian Constitution reveals that the opposite is true. Many aspects of Canada's constitutional order remain undertheorized and merit closer examination. This collection seeks to excavate and explain a variety of foundational elements of the Canadian Constitution. Some of these elements reside in the text, some beneath it, and some only come into focus when the written and unwritten portions of the Constitution speak to each other. The result is an enriching exploration of Canada's constitutional architecture that will not only aid the work of judges, lawyers and scholars. It will benefit anyone who wishes to grow in knowledge of — and appreciation for — Canada's supreme law."--

What could go wrong with the use of charter values? / The Honourable Justice Peter Lauwers -- The intolerant state : the use and misuse of charter values in the Supreme Court of Canada / Mary Anne Waldron, Q.C. -- Interpreting freedom of thought in the Canadian Charter of Rights and Freedoms / Dwight Newman, Q.C. -- Religious equality : restoring section 15's hollowed ground / Derek Ross and Deina Warren -- Transformative state neutrality / Anna Su -- The role of the secular state vis-à-vis religion / Janet Epp Buckingham -- Inclusive religious neutrality : rearticulating the relationship between sections 2(a) and 15 of the charter / Kristopher E.G. Kinsinger -- The Canada summer jobs debate and what it says about religious freedom / Barry W. Bussey -- Hierarchy of rights / Matthew Harrington.

Acknowledgments -- Foreword / The Honourable Justice Peter A. Lauwers -- The Forgotten Fundamental Freedoms: An Introduction / Dwight Newman, Q.C., Derek Ross, Brian Bird. PART I: Recovering what has been forgotten. Big M's Forgotten Legacy of Freedom / Jamie Cameron -- Recovering Forgotten Freedoms / Dwight Newman, Q.C. -- Truth-Seeking and the Unity of the Charter's Fundamental Freedoms / Derek B.M. Ross. PART II: Freedom of conscience and religion. The Reasons for Freedom of Conscience / Brian Bird -- Blazing the Path: Freedom of Conscience is the Prototypical Right / Barry W. Bussey -- Putting Conscience Rights in a Box: Can we take off the lid? / Mary Anne Waldron, Q.C. -- Religious proselytization in Canadian law: the residue in the periphery / Blair A. Major. PART III: Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication. Freedoms of Thought, Belief, and Opinion as Protected Inner Freedoms / Monica Fitzpatrick & Dwight Newman, QC. -- Does Independent Protection for Freedom of the Press Make a Difference? The Case of Vice Media v. Canada (Attorney General) / Benjamin J. Oliphant -- Section 2(b) of the Charter and the Regulation of Digital Expression / Sina Kazemi & Avnish Nanda. PART IV: Freedom of peaceful assembly. Understanding Freedom of Peaceful Assembly in the Canadian Charter of Rights and Freedoms / Nnaemeka Ezeani -- Positive Freedoms and Peaceful Assemblies: Reenvisioning Section 2(c) of the Charter / Kristopher E.G. Kinsinger. PART V: Freedom of association. Recovering Community: Addressing Judicial Blindspots on Freedom of Association / André Schutten. Appendix --Evolution: On the Origins of Section 2 / Melanie R. Bueckert.