Over the past few years, I have noticed an increasing number of students struggling with constitutional law compared to previous years. While the course content itself hasn't undergone significant changes, it's possible that the expectations have evolved.
Constitutional law can be particularly challenging for those who were trained in foreign jurisdictions, given Canada's unique constitutional supremacy, where much of our laws and principles originate from the UK. Despite this historical inheritance, Canada has forged its distinct path, deviating from its predecessors. It's essential to grasp the similarities and differences between the UK and Canadian constitutions, along with understanding the opposition to the Constitution Act 1982, to fully comprehend Canada's relationship with its provinces.
Based on my extensive experience working with numerous NCA students on this topic, it appears that students often do not invest enough time in understanding the Hogg text and his perspectives. To aid with this, I have written an article about Aharon Barak, whom Peter Hogg considers the world's foremost scholar on proportionality. This article offers a step-by-step guide to performing Charter review and presents a clear contrast between Hogg's views and those of the Supreme Court of Canada.
I hope this article brings clarity to the complex and continually evolving review of rights and freedoms.
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