Constitutionalizing Procedure
SPECIAL LECTURES 2001: CONSTITUTIONAL AND ADMINISTRATIVE LAW, pp. 1-26, Law Society of Upper Canada, ed., Irwin Law, December 2002
16 Pages Posted: 4 Oct 2009 Last revised: 13 Nov 2009
Date Written: 2002
Abstract
Rules of civil procedure are unlikely suspects for entrenchment in constitutional law. Nevertheless, the Supreme Court of Canada has been energetic in the process of expanding the constitution to this formerly technical field. Jurisdictional, discovery, and other procedural questions now reflect a national uniformity and immutability that comes with their inclusion in the expanding pantheon of constitutionally protected rights.
Keywords: constitutional law, Charter of Rights, civil procedure, conflicts of law
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