Other Books and Articles by Joseph E. Magnet

 

The Canadian Charter of Rights and Freedoms After Twenty Five Years (Butterworths, 2009)

What the Reviewers Say
This collection, drawing on a diverse range of excellent contributors, is most impressive in its depth of scholarship, richness of its insights and breadth of its subject matter. It is a significant addition to the literature on the Charter, and both a Canadian and international readership will profit from it.
—Robert Dunbar, School of Law, University of Aberdeen

This collection, through its lively, intelligent and controversial papers, discloses both irresolution over every sort of Charter issue and a tremendous intellectualism directed to the Charter debates. While these brilliant essays reveal few Charter orthodoxies, they offer insight and enjoyment to understand how the Charter is influencing Canada's politics, law and administration.
—John Whyte, College of Law, University of Saskatchewan
Official Languages of Canada: New Essays (Butterworths, 2008)

What the Reviewers Say
“This book is a welcome contribution to our understanding of the basis for language guarantees and their ever present impact on the evolution of Canada as a nation.”
- Honourable Michel Bastarache, Supreme Court of Canada

“An impressive collection of essays on the meaning and significance of official bilingualism in Canada … replete with information and data that help understand the progress made and the battles that remain to be fought, to reinforce Canada’s bilingual character … a remarkable source of information … that will assist lawyers, judges, researchers, policy makers and legislators alike.”
- Roger Tassé, Gowling Lafleur Henderson,  former Deputy Minister of Justice, Canada

“One will find in this book ideas that will influence language law and policy for many years to come.”
- Yves LeBouthillier, Faculty of Law, University of Ottawa, former President, Law Commission of Canada

Aboriginal Rights Litigation (Butterworths, 2003)

These superb essays are the first sustained examination of controversies concerning Canada's off-reserve Aboriginal people. Under the editorship of Professor Joseph E. Magnet and Dwight A. Dorey, the volume contains path breaking work by Canada's top professors and leading litigators.

 

Litigating Aboriginal Culture (Juriliber, 2005)

The claim for injury to Aboriginal culture is novel and controversial.  The legal profession does not agree about what exactly is meant by “injury to Aboriginal culture,” what are the defining characteristics of the wrong, what theories of liability support it, how causation may be determined, where the chain of causation ends and how damages should be conceived and calculated.  This monograph, by Canada’s most distinguished legal academic on Aboriginal peoples, delves deeply into these timely questions.

Legal Aspects of Aboriginal Business Development (LexisNexis Butterworths, 2005)

This pioneering study by Canada’s leading writers on Aboriginal peoples illuminates the ingredients of successful Aboriginal business venture and the indicators predictive of failure. Canada’s best jurists explore the frontiers of Aboriginal title and rights, impact benefits agreements, enterprise design and aboriginal intellectual property. With fresh, innovative thinking, the authors speculate about the impact successful business venture will have on traditional Aboriginal cultures.

Modern Constitutionalism: Identity, Equality and Democracy (Butterworths, 2004)

The history of all societies in the modern democracies is a progression from traditionalism to cosmopolitanism. All modern democracies require a basic set of skills which are imparted by the educational and bureaucratic institutions of the state.  All grind traditional ways of life against the mass democratic culture of state institutions. This is why traditional communities, cultures, religions and nations demand autonomy from modern democracies. Modern constitutionalism is becoming increasingly sophisticated about redesigning state institutions in response to the anxieties of traditional identities.

The Canadian Charter of Rights and Freedoms: Reflections on the Charter After Twenty Years (Butterworths, 2003)

This outstanding collection of essays under the general editorship of Professor Joseph E. Magnet examines the impact of theCanadian Charter of Rights and Freedoms twenty years after its proclamation.  The writers are the leading Canadian voices in the academy, the judiciary and government.  The collection examines the impact of the Charter on Canada’s legal and social framework, discusses the Charter’s successes and shortcomings, and offers insight into likely future developments.

Official Languages of Canada: Perspectives from Law, Policy and the Future

Professor Magnet's Official Languages of Canada is acknowledged by the Canadian legal community to be the leading work on the subject. Through an interdisciplinary treatment this book opens new perspectives on the history of Canada's official language communities, the structure of linguistic conflict, legal regulation, constitutional rights, minority language education and linguistic politics.

What the Reviewers Say
"Professor Magnet’s writing is "fearless," "challenges established doctrine," "is on the frontiers of a multi disciplinary approach," "informs and inspires." This book is "excellent" and "impressive."
-Elliott J. Feldman, Harvard University, and of Pepper Hamilton and Shields, Washington

Full Text Available Here

Federalism for the Future: Essential Reforms

Professor Magnet is featured prominently in the recently-released Federalism for the Future: Essential Reforms along with other well-regarded experts on constitutional law and federalism issues, including G.A. Beaudoin, Benoit Pelletier, Gordon Robertson, and John Trent.

What the Reviewers Say
“Très intéressant, rafraîchissante, particulièrement instructif”
-René Pépin, Université de Sherbrooke

Withholding Treatment from Defective Newborn Children

Withholding Treatment from Newborn Children considers the Canadian neonatal practice, legal aspects of decision-making authority and procedure in treatment and withholding treatment, ethical issues related to deliberate deaths, and makes several recommendations for policies and procedures.

What the Reviewers Say
"This book is excellent," "courageous," "a rare triumph," "demands a wide audience and appreciation." "Few academic books have provoked, painted, challenged, stimulated or irritated as much as this one."        
-The Globe and Mail (Toronto)

Full Text Available Here

 

Constitutional Law of Canada, 9th Edition

Since the printing of the first edition in 1983, Constitutional Law of Canada has been regarded as the seminal casebook on constitutional law. The most recent edition has been entirely reworked. It remains the first and only Canadian constitutional law text available online on Quicklaw.

What the critics say:

“Professor Magnet’s casebook is the most comprehensive and wide ranging work in the field. He covers not just the leading cases but also includes in-depth commentary and broader relevant materials such as government reports and expert commentary. Authored by one of Canada’s leading constitutional scholars, the 9th edition is a primary source book for students, academics and lawyers alike.”
 - Patrick J. Monahan, Dean, Osgoode Hall Law School

Learn More and Sample Chapters

Articles by Joseph E. Magnet

  • MULTICULTURALISM IN THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
    Beaudoin and Mendez (eds.), The Canadian Charter of Rights and Freedoms (3d ed, 1996) pp. 1029-81
  • ECONOMIC AND LINGUISTIC COMPETITION IN CANADA'S FEDERAL SYSTEM
    Towards a Language Adgenda: Futurist Outlook on the United Nations (ed. Leger), Canadian Centre for Linguistic Rights, 1996, pp. 99-111.
  • QUEBEC SECESSION: WHAT'S GOING TO HAPPEN / CRISE CONSTITUTIONELLE A L'HORIZON
    Le Devoir, 18 juin 1994, p.7 (version française); The Citizen (Ottawa), June 5, 1994, p.A9 (English version)
  • HATE PROPAGANDA IN CANADA
    Waluchow (ed.), Free Expression: Essays in Law and Philosophy, Oxford University Press, 1994, pp. 223-250.
  • METIS LAND RIGHTS IN CANADA
    Royal Commission on Aboriginal Peoples, 1993, 96 pp.
  • THE ENGLISH ONLY QUESTION
    (1992), 37 McGill L.J. 1158-1163
  • SHAPING CANADA'S FUTURE: THE ESSENTIAL BENEFITS OF RECREATION
    Canadian Parks and Recreation Association, 1992, 40 pp.
  • OBSERVATIONS ON THE CURRENT CONSTITUTIONAL IMPASSE
    (1991), 3 Constitutional Forum 12-13
  • LANGUAGE RIGHTS AS COLLECTIVE RIGHTS
    Adams and Brink, eds. Perspectives on Official English. Mouton, 1990, pp. 293-299.
  • QUEBEC SIGNS; TWO VIEWS
    (1989), 13 Canadian Law Newsletter (American Bar Association) 1-4.
  • COLLECTIVE RIGHTS, PROCEEDINGS, EQUALITY RIGHTS IN THE NORTHWEST TERRITORIES
    Yellowknife, 1985, pp.117-128.
  • MULTICULTURALISM AND COLLECTIVE RIGHTS
    Ratushny and Beaudoin (eds.), the Canadian Charter of Rights and Freedoms (2nd ed., 1989) pp.739-78