Event Details

They're All Interpretative, But What Does That Mean? A Theory of Sections 25-31 of the Charter

We're pleased to be welcoming Professor Gerard Kennedy (University of Alberta, Faculty of Law) for a lecture on sections 25-31 of the Canadian Charter of Rights and Freedoms.

Abstract: The "General" Provisions of the Charter – grouped together under sections 25-31 – have been the subject of increased interest in recent years through cases such as Dickson v Vuntut Gwitchin First Nation and English Montreal School Board, et al v Attorney General of Quebec, et al. This lecture explores this, doctrinally, historically, and theoretically, with aims that are both doctrinal and theoretical. It is posited that these provisions share important commonalities, notably by not being rights-granting in and of themselves, but by indicating how other provisions in the constitution are to be interpreted. There is nonetheless significant difference between the provisions, with some being "purely" interpretive guides, while others are "trumps" that direct how to resolve potential conflicts in the constitution.

Speakers

Gerard Kennedy

Associate Professor, University of Alberta Faculty of Law
Gerard J. Kennedy is Associate Professor and Associate Dean Graduate Studies at the Faculty of Law, University of Alberta. He was previously a faculty member at the University of Manitoba’s Faculty of Law, a litigator at Osler, Hoskin & Harcourt LLP in Toronto, and a judicial law clerk at the Ontario Superior Court of Justice. His scholarship concentrates on the role of courts in society, specifically through analyzing civil justice and procedure, administrative law and procedure, and public law more generally. He has authored six books and over forty articles on these topics. He remains an active member of the legal profession, as a member of the bars of Ontario, Manitoba, and Alberta. He serves on the Alberta Judicial Council, the Federal Courts Rules Committee, and the (advisory) boards of Advocates for the Rule of Law, the Centre for Constitutional Studies, and the Edmonton Bar Association. He holds a B.A. from the University of Toronto, a J.D. from Queen’s University, an LL.M. from Harvard Law School, and a Ph.D. from Osgoode Hall Law School.

Event Date(s):

March 12, 2026, 12:00 pm to 1:00 pm

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Centre for Constitutional Studies
448D Law Centre
University of Alberta
Edmonton, AB T6G 2H5
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