William R. McIntyre : paladin of the common law / W.H. McConnell.

Format:

Book

Author/Creator:

McConnell, William H., 1930-

Language:

English

Subjects (All):

Judges--Canada--Biography.

Judges.

Canada. Supreme Court--Biography.

Canada.

McIntyre, W. R. (William Rogers), 1918-.

McIntyre, W. R.

Physical Description:

1 online resource (259 pages) : illustrations

Edition:

1st ed.

Place of Publication:

Montreal : Published for Carleton University by McGill-Queen's University Press, c2000.

Language Note:

English

Summary:

Using archival resources, interviews with contemporaries, and legal sources, W.H. McConnell traces McIntyre's personal evolution from defending the Charter as a workable counterpoint to established common law principles, to gradual disenchantment with its overuse, by many of his colleagues and the lower courts, for developing social policy. In retrospect McIntyre's reservations have been prophetic: the "interventionist" trend has given rise to considerable criticism of the court by legal professionals, the media, and the Canadian public. He remained, however, a staunch proponent of freedom of expression and, in the Andrews case, framed the pivotal definition of "equality rights" in s.15 of the Charter that is still prevalently applied in Canadian courts. McConnell is persuasive in connecting McIntyre's restrained approach to Charter jurisprudence, especially its relation to governmental legislation, with his upbringing in Moose Jaw during the Depression and his early career at the Bar. This is an original contribution to our understanding both of an important judge and an important era in Canadian legal history.

Contents:

Preface I: Early Influences II: Practice in Victoria III: A Judge in British Columbia IV: The Supreme Court of Canada V: Mclntyre's Constitutional and Quasi-Constitutional Decisions VI: Criminal and Other Decisions VII: The Charter of Rights and Freedoms VIII: The Summing Up Bibliography Index

Notes:

Includes bibliographical references (p. [237]-241) and index.

ISBN:

1-282-86422-X

9786612864223

0-7735-7410-7

OCLC:

166335089