A few questions for Hoi Kong, our visiting researcher for the 2024 autumn semester
We were very fortunate to welcome Hoi Kong to CIRM for a few fruitful weeks this autumn. We asked him a few questions about his stay and his activities. Hoi is the director of the Governance, Institutions and Citizen Participation axis. He is a Full Professor at the Peter A. Allard School of Law at the University of British Columbia, his areas of interest include public law theory, constitutional law and urban planning law.
What have you been able to achieve during your time at CIRM?
During my time at CIRM, I moderated a session of the Raconte-moi Peter-McGill event at the Office de consultation publique de Montréal (OCPM). I will also participate in the follow up event in February. This initiative is in line with the themes of the research axis that I co-direct and indeed, is closely related to the issues of governance and citizenship participation that were covered in the book Sustainability, Citizen Participation and City Governance, which was launched last year at the OCPM with the support of CIRM.
I participated in other CIRM activities, notably, the public lecture by Aitor Zuberogoitia which was held at Building 21, an exciting unit at McGill that I’d never visited before. I also discussed a possible joint event with UBC’s Law & Cities Research Group, to launch the collection, Cities and the Constitution: Giving Local Governments in Canada the Power They Need. That book is co-edited by my colleague at UBC, Alex Flynn. and I contributed to it. I am hoping that we will be able to hold an event in the months to come.
While I was visiting at CIRM, I also conducted research and pursued activities in the area of constitutional law. Notably, I participated in a roundtable organized by the Public Inquiry Into Foreign Interference in Federal Electoral Processes and Democratic Institutions. I also completed work on a few book projects that I anticipate will be announced and published in the coming months. Finally, while I was in Montréal I was able to participate in meetings in my role as a Fellow of the Pierre Elliott Trudeau Foundation.
Overall, it was a very fruitful visit and I look forward to returning soon and often.
You contributed to the book Cities and the Constitution, with an article on constitutional amendments. How can constitutional amendments in Canada help or hinder cities?
Constitutional amendments, in this context, would aim to protect cities from changes to the law that affected them, without their consent. This would help cities, as it would provide them more autonomy.
From a legal point of view, what would cities (like Montréal) need to mitigate the climate crisis, a crisis that is obviously very complex, with multiple causes and consequences, but where some of these causes and consequences lie in its legal landscape?
One of the main things cities can do is change their zoning regulations to increase density and reduce urban sprawl. Greater density would lower the carbon footprint of dwellings and less sprawl would help to reduce carbon emissions resulting from commuting.
Even though we are in Montréal, I want to ask a question about Toronto, which is in the process of having a law (Bill 212) imposed on it by the Ontario government concerning its bike lanes (of all things). Beyond the political strategy of making cycling a partisan issue in the culture wars, what does this bill say about the city as a legal place?
Let me abstract a little from the specifics of the bike lane issue in Toronto to highlight what I think is a general issue with policy-making in cities. I think it’s really important for policy-making to be grounded in the best data available and for policy-makers to be clear about the trade-offs involved in a given policy decision. That way the public can understand the costs and benefits of policy changes and we can have better debates about how to achieve policy ends, while being attentive to the ways we can assist those who may be particularly burdened by a given legal change.
A perfect day in Montréal?
It would definitely include a walk through one of the great neighbourhoods and spontaneously exploring some new, exciting corner of the city. One of the great things about Montreal is that I’m constantly discovering incredibly beautiful spots where I can spend an afternoon. Most recently, I had a lovely tea with a colleague at La Croissanterie, on the corner of Hutchinson and Fairmount.
3 must-see symbols?
The steps of McGill’s Arts Building
Favorite neighbourhood?
Golden Square Mile
Selected bibliography about cities and law:
Jane Jacobs, The Death and Life of Great American Cities, Penguin Random House Canada.
William Simon, The Community Economic Development: Law, Business and the New Social Policy, Duke University Press.
Richard Briffault, Our Localism: Part I -- The Structure of Local Government Law 90 Colum. L. Rev. 1 (1990) and Our Localism: Part II -- Localism and Legal Theory 90 Colum. L. Rev 346 (1990).
Gerald Frug, The City as a Legal Concept 93 Harv. L. Rev 1057 (1980).
Ran Hirschl, City, State: Constitutionalism and the Megacity, Oxford University Press.