We're delighted to host Andrew Coyne as our 36th annual McDonald lecturer.

The lecture will take place on Tuesday, March 24 at 12:30PM-1:30PM MDT in the McLennan Ross lecture hall at the University of Alberta's Law Centre.

To register, please click the red button on the right side of the page.

Lecture Title:

Democracy, Rights, Nationhood and Federalism

Lecture Abstract:

A federation, to cohere in face of its differences, must think of itself as a nation. Nationhood is rooted in what we hold in common: common citizenship, common rights, common obligations, and common purpose.

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.

This hybrid event will be held on March 12th at 12:00PM-1:00PM MST in room 113 of the Law Centre and online via Zoom.

To register for in-person attendance, please click the red button on the right-hand side of the page, or follow this link: They're All Interpretive | March 12 @ 12:00-1:00 PM MST | Eventbrite

To register for online attendance, please follow this link: They're All Interpretive | March 12 @ 12:00-1:00 PM MST | Zoom

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.

We're pleased to be welcoming Jaclyn McNamara and Victoria Vicks from Olthuis Kleer Townshend LLP for a lecture on the BC Supreme Court's 2025 Cowichan Tribes decision and its implications for private property rights. This is the second in our two-part lecture series on Aboriginal title.

Abstract: In Cowichan Tribes, the court declared that the Cowichan Tribes have Aboriginal title over certain privately-owned lands, and that some of those lands should be returned to the Cowichan Tribes. This landmark decision reaffirms the constitutional and unique nature of Aboriginal title, while acknowledging the need for reconciliation with existing private property rights. It is a clear signal to the Crown that it needs to proactively deal with longstanding, unresolved land claims through good faith negotiations with Aboriginal title holders. This presentation will highlight how the decision in Cowichan Tribes came to be, the implications for governments, Aboriginal title holders, and private property owners, and where we can go from here.

We're pleased to be welcoming Professor Robert Hamilton (University of Calgary, Faculty of Law) for a lecture on the New Brunswick Court of Appeal's 2025 Wolastoqey Nation decision and its implications for Aboriginal title. This is the first in our two-part lecture series on Aboriginal title.

Abstract: The New Brunswick Court of Appeal recently held that a declaration of Aboriginal title is not available where lands are held by private parties. That is, even where title might otherwise be established, the existence of private interests prevents courts from recognizing Aboriginal title and limit available remedies to compensation. This presentation considers the NBCA's decision and what it may mean for groups claiming aboriginal title.

We're pleased to welcome Justice Colin C.J. Feasby from the Alberta Court of King's Bench for a lecture on democratic theory.

Abstract: Legal academics and political scientists question whether courts faced with democracy issues should be guided by political theory. Justice Feasby will argue that the text and structure of the constitution force judges to confront different aspects of political theory. The real question, according to Justice Feasby, is what kind of theory (or theories) judges should adopt. He will argue that an underlying theory of the state and three different democratic theories can be discerned from the Supreme Court of Canada’s democracy jurisprudence. These theories, sometimes in tension with one another, are manifested in different types of cases and different aspects of constitutional analysis. Justice Feasby explains that there is a coherent theoretical foundation for Canada’s law of democracy that provides useful guidance for judges confronted with democracy issues.

We're pleased to welcome Scott Fairley (Cambridge LLP) for a lecture on his newly released book, Foreign Affairs in the Canadian Constitution.

This hybrid event will be held on January 29 at 12:00PM MST in room 113 of the Law Centre and online via Zoom.

To register for in-person attendance, please click the red button on the right-hand side of the page, or follow this link: Foreign Affairs in the Canadian Constitution | January 29 @ 12:00-1:00 PM MST | Eventbrite

To register for online attendance, please follow this link: Foreign Affairs in the Canadian Constitution | January 29 @ 12:00-1:00 PM MST | Zoom 

Abstract: This book challenges siloed understandings of treaty-making (federal) and treaty implementation (federal or provincial depending on subject matter, regardless of the international context) with a view to bringing them together under a single subject, as its title suggests. However, it does so, mindful that Canada remains a diverse federal state spread over a vast territory. My account does not seek to drive a cart and a horse through constitutionally allocated provincial powers. What I do say, however, is that the "international" makes the "local" of national interest and importance for purposes of federal competence to act comprehensively for that purpose, both at the executive level and through Parliament as a key part of federal residual powers for the Peace, Order and Good Government of the Nation (or POGG for short). Federal trade and commerce cases have also been very helpful in conveying a similarly principled message. There are chapters on both. In this, I am perhaps a little ahead of the Supreme Court of Canada on point, but that court is not far behind. We might even go so far as to say that our current government is leading with its chin in this area in seeking new allies to augment or replace our now mercurial neighbor to the south and trying to pull off grand projects in the national interest, in part, to nurture those relationships.

We're excited to host a special screening of Democracy on Trial: The Morgentaler Affair, a NFB documentary that tracks the efforts of Doctor Henry Morgentaler to challenge Canada's abortion laws in the 1970s. The screening will be followed by a panel discussion featuring Patricia Paradis, Marie Gordon, and Elizabeth McCord.

This is a free event open to all members of the public. It will take place at the Garneau Theatre (8712 109th Street). Doors open at 5:30pm.

To register for the event, please click the red button on the right side of the page, or follow this link: "Democracy on Trial: The Morgentaler Affair" Screening & Panel Discussion | 27 January 2026 @ 6:00PM

Film Details:

Director: Paul Cowan
Rating: PG
Genre: Documentary
Run Time: 58 minutes

Paul Cowan's film captures the spirit of the legal battle over abortion waged by Dr. Henry Morgentaler in Quebec and in federal courts between 1970 and 1976. Using a combination of newsreel footage, interviews and re-enactments, this docudrama unravels the complexities of the case that began as a challenge to Canada's abortion laws and turned into a precedent-setting civil rights case.

This film is provided courtesy of the National Film Board of Canada.

The Centre for Constitutional Studies is thrilled to be hosting a book launch for our newly released special double issue of the Review of Constitutional Studies (RCS 29:2 and 29:3). This special issue, which is titled "Our More Than Human Constitutions," was guest edited by Professors Jessica Eisen (University of Alberta) and Lindsay Borrows (Queen's University). It comprises contributions from scholars in an array of academic fields -- including Indigenous law, environmental law, and animal law -- on the ways in which our legal orders, Indigenous and state, approach the regulation of the more-than-human.

Our launch event for this special issue will feature Professors Eisen and Borrows, alongside several of the issue's contributors: Hannah Askew (Sierra Club BC), Professor Darcy Lindberg (University of Victoria), Professor Pamala Spalding (University of Victoria), and Professor Stepan Wood (University of British Columbia).

We're pleased to welcome Professor Margot Young from the University of British Columbia's Peter A. Allard School of Law to discuss the 2024 SCC Dickson v Vuntut Gwitchin First Nation decision.

This hybrid event will be held on November 17 at 12:00PM in room 231 of the Law Centre and online via zoom.

Lecture Abstract:

There are several important narratives to be pulled from the Supreme Court of Canada's decision in Dickson v Vuntut Gwitchin First Nation. The decision is long and complex, spanning three separate judgments. This lecture looks at a few particular aspects: the assessment across each judgment of the applicability of the Canadian Charter of Rights and Freedoms to the Vuntut Gwitchin government and the elaborations of the import of section 25 of the Charter that follow findings that the Charter applies. The lecture's argument teases out the centrality assigned to liberal understandings of constitutional relations, of government, and of the rights the Charter protects. Caution issues about judicial resort to the notion of "Indigenous difference" as reference point for the scope of section 25. The lecture concludes that a majority of the judges sidestep engagement with the critical recasting of constitutional relations and justice that decolonization demands.

The Centre is pleased to host a lecture by Caleb Behn, Lands Manager with West Moberly First Nation. Caleb will be delivering a lecture titled "Killing Law Quietly: The Battles over UNDRIP Implementation."

This event will be held in-person on Thursday, October 16 in the Law Centre (Room 231/237) from 12:00PM-1:00PM.