Jan. 13, 2023

Professors published in UNB Law Journal

Professors Howard Kislowicz and Robert Hamilton published articles in volume 73 of the journal, released in December 2022.

Professor Kislowicz co-authored the article "Religion, Public Law, and the Refuge of Formalism" with Ben Berger of Osgoode Hall Law School. The article suggests that the encounter with religious legal traditions has surfaced a distinct vein of formalism in Canadian public law, discernable across the Court’s law and religion jurisprudence. This is so despite the centrality of substantive analysis in the account Canadian public law gives of itself. But there are distinct challenges and a particular anxiety that surrounds the law-religion encounter, and the authors argue that the fraught sovereignty and pluralism problems that this encounter presents has led Canadian public law to rediscover its formalist habits and the comfort that they bring.

Professor Hamilton co-authored the article "Aboriginal Title, Self-Government, and Indigenous Jurisdiction in Canadian Law," with Ryan Beaton and Joshua Nichols. The article considers inherent Indigenous jurisdiction in the Canadian constitution in light of recent developments in Aboriginal law. Particular attention is paid to the doctrine of Aboriginal title and the relationship between title and Indigenous self-government or jurisdiction.