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Law, Politics, and the Judicial Process in Canada, 5th Edition / ed. by F.L. Morton, Dave Snow.
- Format:
- Book
- Language:
- English
- Subjects (All):
- Judicial power--Canada.
- Judicial power.
- Judicial process--Canada.
- Judicial process.
- Political questions and judicial power--Canada.
- Political questions and judicial power.
- Physical Description:
- 1 online resource (656 p.)
- Edition:
- Revised and updated with of-the-moment readings and scholarship.
- Place of Publication:
- Calgary, Alberta : University of Calgary Press, [2024]
- Language Note:
- In English.
- Summary:
- Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Addressing current controversies – including the invocation of the federal Emergencies Act, the fallout from the Supreme Court’s Greenhouse Gas References, and the resignation of Supreme Court Justice Russell Brown – Law, Politics, and the Judicial Process in Canada, 5th Edition offers ten updated chapters, all-new chapter introductions, and over two dozen new readings addressing current issues Canadian law and politics. It engages with multiple perspectives on controversial issues, juxtaposing competing perspectives to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of the institutional implications of an increasingly-important Supreme Court of Canada. Law, Politics, and the Judicial Process in Canada, 5th Edition is the leading source for students, and all readers, interested in judicial power in Canada.
- Contents:
- Frontmatter
- Table of Contents
- Preface to the New Edition
- 1 The Rule of Law in the Canadian Constitution
- Introduction10
- 1.1 Roncarelli v. Duplessis
- 1.2 John Locke, “Of the Extent of the Legislative Power”
- 1.3 Thomas Jefferson, “The Declaration of Independence”
- 1.4 A.V. Dicey, “The Rule of Law”
- 1.5 “Strong- and Weak-Form Judicial Review”
- 1.6 “Principles to Ensure the Law is Not Abused in Canada”
- 1.7 Thomas M.J. Bateman, “Liberal versus Post- Liberal Constitutionalism: Applying the Charter to Civil Society”
- 1.8 Key Terms
- 2 The Canadian Judicial System
- Introduction
- 2.1 “The Role and Functions of Final Appellate Courts: The Supreme Court of Canada”
- 2.2 Constitution Act, 1867, Sections 96–101
- 2.3 The Canadian Judicial System
- 2.4 The Criminal and Civil Court Processes
- 2.5 Key Terms
- 3 Precedents, Legal Reasoning, and Judicial Decision-Making
- 3.1 “Two Models of Judicial Decision- Making”
- 3.2 Harrison v. Carswell
- 3.3 “Stare Decisis: The Use of Precedents”
- 3.4 “Architect of the Common Law”
- 3.5 “Fact Finding in Adjudication”
- 3.6 “Judicial Review and Civil Liberties”
- 3.7 “Checks and Balances in Constitutional Interpretation”
- 3.8 “Originalism: It’s Not What You Think”
- 3.9 “Decision-Making in the Supreme Court of Canada”
- 3.10 “Studying Judicial Behaviour”
- 3.11 Key Terms
- 4 Judicial Recruitment and Selection
- 4.1 “The Politics of Reforming Judicial Appointments”
- 4.2 “A Reflection of Canadian Society? An Analysis of Federal Appointments to Provincial Superior Courts by the Liberal Government of Justin Trudeau”
- 4.3 Elevating Language Over All Other Forms of Diversity
- 4.4 Bilingualism and Diversity: The Supreme Court Can— and Should—Have Both
- 4.5 The Honourable Michelle O’Bonsawin’s Questionnaire
- 4.6 Will Women Judges Really Make a Difference?
- 4.7 Key Terms
- 5 Judicial Independence, Ethics, and Discipline
- 5.1 The Independence of the Judiciary
- 5.2 The McClung Affair
- 5.3 A Self-Harming of Judicial Independence: The Legacy of the Inquiry into Lori Douglas
- 5.4 The Inquiry into Justice Robin Camp
- 5.5 For Judge ‘Knees Together’ Camp: Education Is power
- 5.6 Bad People Make Bad Judges
- 5.7 The Resignation of Supreme Court Justice Russell Brown
- 5.8 The Challenge of Judging Supreme Court of Canada Judges
- 5.9 The Use of Former Supreme Court Justices by Governments: Assessing the Dangers
- 5.10 By Staying on Hong Kong Court, Beverley McLachlin Follows the Wrong ‘Principle’
- 5.11 Key Terms
- 6 Interest Groups and Access to Judicial Power
- 6.1 The Canadian Reference Power
- 6.2 Interventions and the Public Interest
- 6.3 The Women’s Legal Education and Action Fund
- 6.4 The Policy Consequences of LEAF’s Legal Mobilization
- 6.5 Interventions at the Supreme Court of Canada
- 6.6 Defending the Court Challenges Program
- 6.7 The Court Challenges Program Rises Once Again
- 6.8 The SNC Lavalin Controversy: The Shawcross Principle and Prosecutorial Independence
- 6.9 Wokeness Captures Alberta’s Law Society
- 6.10 Shameful Backlash to Lawyers’ Indigenous Culture Course Shows Why We Need It
- 6.11 Key Terms
- 7 Judicial Review and Federalism
- 7.1 The “Living Tree” Approach to Interpreting the BNA Act
- 7.2 The “Watertight Compartments” Approach to Interpreting the BNA Act
- 7.3 The Anti-Inflation Case: The Anatomy of a Constitutional Decision
- 7.4 Re Constitution of Canada, 1981: The Patriation Reference
- 7.5 The Exemplar of the Secession Reference
- 7.6 Criminal Law, Federalism, and Assisted Reproduction
- 7.7 What the Supreme Court’s Carbon Tax Ruling Means
- 7.8 R. v. Comeau: The Scope of Trade Between Provinces and s. 121
- 7.9 Key Terms
- 8 Indigenous Law and the Judicial Process
- 8.1 Political Failure, Judicial Opportunity: The Supreme Court of Canada and Aboriginal and Treaty Rights
- 8.2 The Durability of Terra Nullius: Tsilhqot’in v. British Columbia
- 8.3 Is the Sky the Limit? Aboriginal Legal Rights in Resource Development
- 8.4 The Duty to Consult and Reconciliation: The Supreme Court’s Idea of the Purpose and Practice of Consulting Indigenous Peoples
- 8.5 Her Majesty’s Justice Be Done: Métis Legal Mobilization and the Pitfalls to Indigenous Political Movement Building
- 8.6 Charting Unknown Waters: Indigenous Rights and the Charter at Forty
- 8.7 Key Terms
- 9 Courts, Partisanship, and Politics
- 9.1 Packing the Supreme Court
- 9.2 Much Ado About Little
- 9.3 Marc Nadon and the New Politics of Judicial Appointment
- 9.4 Stephen Harper v. Beverley McLachlin
- 9.5 Is the Liberal Party the Charter Party?
- 9.6 Canada’s Supreme Court Is Off-Balance as ‘Large and Liberal’ Consensus on the Charter Falls Apart
- 9.7 Why ‘Liberal’ and ‘Conservative’ Are Unhelpful Terms in Canadian Courts
- 9.8 Key Terms
- 10 Reconciling Judicial Review and Constitutional Democracy
- 10.1 Courts, Legislatures, and the Protection of Human Rights
- 10.2 What’s Wrong with the Charter Revolution and the Court Party?
- 10.3 The Charter Revolution and the Clash of Constitutionalisms
- 10.4 Robust Public Debate Needed on Use of Notwithstanding Clause
- 10.5 Notwithstanding Judicial Benediction: Why We Need to Dispel the Myths around Section 33 of the Charter
- 10.6 Dialogue or Monologue? Hogg and Thornton versus Morton
- 10.7 Checking the Court: Justifying Parliament’s Role in Constitutional Interpretation
- 10.8 40 Years On, Canada’s Charter of Rights Is a Beacon to the World
- 10.9 After 40 years, the Charter Is Still One of the Worst Bargains in Canadian History
- 10.10 The Charter and Canada’s New Political Culture: Are We All Ambassadors Now?
- 10.11 Key Terms
- Appendices
- A Constitution Act, 1867, ss. 91–95, 133
- B Canadian Bill of Rights, 1960
- C Constitution Act, 1982
- D Online Resources
- Index
- Notes:
- Description based on online resource; title from PDF title page (publisher's Web site, viewed 26. Aug 2024)
- Description based on publisher supplied metadata and other sources.
- ISBN:
- 1-77385-519-0
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