Canadians are by nature and perhaps necessity inclined to compare Canada with the United States. But such comparisons can be a tricky business. When I visit the United States or read or watch American media, I am often struck by the differences between the United States and Canada on issues such as Iraq and the role of religion in public life. On the other hand, when I visit Europe or Asia, I often think about how similar Canada is to the United States in its rejection of hierarchy and its embrace of an essentially adversarial relation with the state. There is no paradox here: comparisons with other countries should reveal both similarities and differences.
The comparative study of American and Canadian constitutions is an underdeveloped field, and it is not obvious why this should be. Many Canadian academic lawyers and political scientists do graduate studies south of the border and in doing so often become thoroughly immersed in the American constitution. A...
Kent Roach is a professor of law at the University of Toronto. His book (co-authored with Craig Forcese), False Security: The Radicalization of Canadian Anti-Terrorism, was awarded the 2016 Canadian Law and Society best book prize. Roach and Forcese have also received awards from the British Columbia and Canadian civil liberties associations for their work on Bill C-51.