Texts

People have been writing books about the Canadian constitution since confederation. There are a number of such historical books available. If people indicate any desire to access these, we’ll happily download the ones that are out of copyright. <-- I think you should link a couple anyway, just the best 3

However, there is a great deal of writing that is current, so much so that it is almost impossible to list it all. In addition to numerous articles, there are now a number of very good books. Instead of listing everything, we have listed below those books that you will likely find the most useful.

The Crown

Patrick Monahan, Erika Chamberlain, Wade K. Wright, Hogg's liability of the crown

(Toronto: Thomson Reuters, 2024) 5th edition

Jan Brongers and Michael Morris, The 2019 Annotated Crown Liability and Proceedings Act (Thomson Reuters, 2018)

Gareth Morley and Karen Horsman, Government Liability: Law and Practice.

Peter Noonan, The Crown and Constitutional Law in Canada

Federalism

Federalism refers to the distribution of legislative authority created by, largely, sections 91 and 92 of the Constitution Act, 1867. There are, surprisingly, few good analyses of federalism issues.

The most cited authority is Hogg and Wright, Constitutional Law of Canada (5th ed.) (Thompson, Carswell). While this book has updated its discussion of federalism over the years, and still discusses the major cases, it has two major deficiencies. First, it is not comprehensive. This should present a difficulty for those doing extensive research. Second, it is primarily descriptive of what the courts have decided, and provides very little critic and no critic on a proper historical basis.

Donald F. Bur, Law of the Constitution [:] The Distribution of Powers (2nd ed) (LexisNexis, 2023). This book has two major advantages over the other books. First, it is almost comprehensive. If you are doing research on a federalism issue, this is the book you want. Second, its author used his discovery, of the origins of the classes and matters in sections 91 and 92, to provide a neutral basis for evaluating federalism decisions. If you want something more than a mere description of what the courts have decided, this is the resource for you. If this is too much to read, some of the same information regarding how the Constitution Act, 1867 should be interpreted can be found in a smaller book: Donald F. Bur, Peace, Order, and Good Government [:] The Abuse of a Tricolon (LexisNexis, 2024).

There are, as well, a number of other authors who provide an overview description of federalism issues. In this regard see the following:

H. Brun, G. Tremblay and E. Brouillet, Droit constitutionnel (6th ed. 2014)

Patrick Monahan, Byron Shaw and Padraic Ryan, Constitutional Law (5th ed) – as the authors themselves describe the book, it is a “a general introduction to, and overview of, the basic elements of the Canadian Constitution”

Constitutional Law Group, Canadian Constitutional Law (6th ed) – brief overview of certain aspects of federalism, and descriptive rather than analytical.

Joseph Magnet, Constitutional Law of Canada – basic subjects of federalism are covered by reference to the key cases

Charter of Rights
and Freedoms

There are, not surprisingly, many books written about the Charter:

Hogg and Wright, Constitutional Law of Canada (5th ed.) (Thompson, Carswell). This is the most cited work, and probably the most complete discussion of Charter issues.

H. Morton, J. Takach Murray Segal, R. McLeod, Canadian Charter of Rights: The Prosecution and Defence of Criminal and other Statutory Offences (looseleaf) – comprehensive and detailed

Andrew Bernstein and Melanie Dunn, Canadian Charter of Rights Annotated (looseleaf) – summaries of cases under ever listed right and freedom

Gerard Kennedy, The Charter of Rights in Litigation: Direction from the Supreme Court of Canada (looseleaf)

Robert Sharpe and Kent Roach, The Charter of Rights and Freedoms (U of T Press) – excellent description and analysis by respected scholars

Stéphane Beaulac and Errol Mendes (ed) Canadian Charter of Rights and Freedoms (5th ed) (LexisNexis) – numerous articles on each relevant provision written by a number of academics

Stewart Hamish, Fundamental Justice: section 7 of the Canadian Charter of Rights and Freedoms (2nd ed.) (Irwin Law)

The Federal Department of Justice has a wonderful website called Charterpedia, that provides a basic description of what the courts have decided under various rights and freedoms.

Older Material

There are also a few older books on constitutional law, which as they predate the introduction of the Charter in 1982 primarily relate to issues of federalism. These books are descriptive of the law at the time, and not normative. This makes them interesting, but not necessarily informative, to how the Constitution is currently being interpreted or should be interpreted.

E.C. Bolton and H.H. Webber, The Confederation of British North America (1866)

Sir J. G. Bourinot, A Manual of the Constitutional History of Canada (1901), available at Primary Documents

W. H. P. Clement, The Law of the Canadian Constitution (3rd. ed) (1892), available at Primary Documents

Robert MacGregor Dawson, Constitutional Issues in Canada, 1900-1931. (1933)

Joseph Doutre, Constitution of Canada. The British North America Act, 1867; its interpretation, gathered from the decisions of courts, the dictate of judges, and the opinion of statesmen and others; to which is added The Quebec resolutions of 1864, and the Constitution of the United States (Montreal, J. Lovell, 1880) – available at Primary Documents

Paul Gérin-Lajoie, Constitutional Amendment in Canada. Toronto, Ontario: University of Toronto Press, 1950.

W.P.M. Kennedy, The Constitution of Canada: An Introduction to its Development and Law (1938), available at Primary Documents

A.H.F. Lefroy, The Law of Legislative Power in Canada (1897), available at Primary Documents

A.H.F. Lefroy, Canada’s Federal System (1913), available at Primary Documents

A.H.F. Lefroy, A Short Treatise on Canadian Constitutional Law (1918), available at Primary Documents

William Renwick Riddell, The Constitution of Canada in its History and Practice Working (1917), available at Primary Documents

William Renwick Riddell, The Canadian constitution in form and in fact (1923)

H. P. Varco, The Constitution of Canada (1965)

Background Material

Margaret Thatcher Archives. These are digitised versions of the holdings in the UK National Archives at Kew which the Margaret Thatcher Foundation has made available on their website. Of note to Canada and patriation: