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Book
xlvi, 637 pages : illustrations ; 25 cm
  • Foreword
  • Preface
  • A historical map for administrative law : there be dragons / Colleen M. Flood, Jennifer Dolling
  • Remedies in administrative law : a roadmap to a parallel legal universe / Cristie Ford
  • Realizing aboriginal administrative law / Janna Promislow, Naiomi Metallic
  • Administering the Canadian rule of law / Mary Liston
  • The principles and practices of procedural fairness / Kate Glover
  • The Charter and administrative part I : procedural fairness / Evan Fox-Decent, Alexander Pless
  • The dynamics of independence, impartiality, and bias in the Canadian administrative state / Laverne Jacobs
  • Delegation and consultation : how the administrative state functions and the importance of rules / Andrew Green
  • Fairness in context : achieving fairness through access to administrative justice / Angus Grant and Lorne Sossin
  • Crown liability for negligent administrative action / Alexander Pless
  • Standard of review : back to the future? / Audrey Macklin
  • Making sense of reasonableness / Sheila Wildeman
  • The Charter and administrative law part II : substantive review / Evan Fox-Decent, Alexander Pless
  • Top ten questions (and a few answers) about substantive review / Peter J. Carver
  • Making a federal case out of it : the Federal Court and administrative law / Craig Forcese
  • International human rights norms and administrative law / Gerald Heckman.
"[This book examines] key principles and cases by leveraging the distinct voices of leading scholars and instructors from across Canada. This...analysis gives students a better sense of how administrative boards and tribunals work in practice. To offer a more comprehensive understanding of subject matter, resources like practice tips, checklists, and a companion website have also been included in the text. This combination of theory and applied learning has resulted in a highly effective teaching tool that students can take from the classroom into practice."-- Provided by publisher.
Law Library (Crown)
Book
vi, 232 pages ; 24 cm
  • Introduction
  • Specific claims in Canada : a brief history and policy roadmap
  • Dependent on the good will of the sovereign : background to the Indian Specific Claims Commission
  • The Indian Specific Claims Commission : second sober thought
  • Challenges to the process : applications for inquiries and constructive rejections
  • On the road again : planning conferences, community sessions, and integrity of the process
  • By law or in justice : legal arguments, panel deliberations, and the murky waters of the mediation unit
  • Beyond lawful obligation : the closure of the ICC and the rise of the Specific Claims Tribunal
  • The legacy of the ICC and lessons for the future of specific claims.
The Indian Specific Claims Commission (ICC) was formed in 1991 in response to the Oka crisis. Its purpose was to resolve and expedite specific claims arising out of promises made to Indigenous nations in treaties, the federal Indian Act, and within other Crown obligations. This book traces the history of Indigenous claims in Canada and the work of the ICC from 1991 until it was decommissioned in 2009. An insider's account, it is written by long-standing ICC commissioner Jane Dickson, who draws upon the records of the commission and a wealth of research and experience with Indigenous claims and communities to provide an unflinching look at the inquiry process and the parties involved. By Law or In Justice provides a balanced, careful analysis of Canada's claims policy, the challenges faced by Indigenous claimants, and the legacy of the commission. By documenting the promises made and broken to Indigenous nations, this book also makes a passionate plea for greater claims justice so that true reconciliation can be achieved.
(source: Nielsen Book Data)9780774880053 20180625
Law Library (Crown)
Book
xii, 470 pages ; 24 cm.
  • Introduction: The values of Canadian constitutionalism / Richard Albert
  • Diversity and the rule of law : a Canadian perspective / Beverley McLachlin
  • Misconceiving federalism : Canada and the federal idea / Stephen Tierney
  • Political dynamics in Quebec : charting concepts and imagining political avenues / Alain-G. Gagnon
  • Indigenous peoples and the Canadian state : the prospects of a postcolonial constitutional pluralism / Patrick Macklem
  • Legality, legitimacy, and constitutional amendment in Canada / Jamie Cameron
  • Constitutional citizens : oaths, gender, religious attire / Ayelet Shachar
  • The judicial constitutionalization of politics in Canada and other contemporary democracies : comparing the Canadian secession case to South Africa's death penalty case and Israel's landmark Migdal constitutional case / Michel Rosenfeld
  • Originalism in Australia and Canada : why the divergence? / Jeffrey Goldsworthy and Grant Huscroft
  • Rights inflation in Canada and the United States / Mark Tushnet
  • Substantive equality past and future : the Canadian Charter experience / Catharine A. MacKinnon
  • Canadian constitutional law of freedom of expression / Adrienne Stone
  • The judicial, legislative, and executive roles in enforcing the constitution : three Manitoba stories / Kent Roach
  • Going global? : Canada as importer and exporter of constitutional thought / Ran Hirschl
  • Exporting dialogue : critical reflections on Canada's "commonwealth" model of human rights protections / Alison L. Young
  • The European Court of Human Rights and the Canadian case law / Lech Garlicki
  • Canadian rights discourse travels to the East : referencing to Canadian Charter case laws by Hong Kong's court of final appeal and Taiwan's constitutional court / Wen-Chen Chang
  • The Canadian Charter, South Africa, and the paths of constitutional influence / Heinz Klug
  • Conclusion: The court and the constitution in the world / David R. Cameron.
In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.
(source: Nielsen Book Data)9781108419734 20180213
Law Library (Crown)
Book
x, 483 pages ; 23 cm
  • Introduction
  • Part 1.
  • Prelude : the long road to the joint committee
  • The cast
  • At the joint committee
  • From the joint committee to patriation
  • Part 2.
  • The limitations clause
  • Fundamental freedoms
  • Democratic rights
  • Mobility rights
  • Legal rights
  • Equality rights
  • Language rights
  • Judicial review, enforcement, and remedies
  • Multiculturalism
  • Denominational rights
  • Aboriginal rights
  • Appendix A. The Special Joint Committee of the Senate and the House of Commons on the Constitution of Canada, 1980-81
  • Appendix B. Groups and individuals who appeared and gave evidence before the committee.
"The Canadian Charter of Rights and Freedoms may only be thirty-five years old but it is an important document for all Canadians. Few today, however, are aware of the extensive work and tumultuous debates that occurred behind the scenes. In The Charter Debates, Adam Dodek tells the story of the Special Joint Committee of the Senate and the House of Commons on the Constitution, whose members were instrumental in drafting the Charter. Dodek places the work of the Joint Committee against the backdrop of the decades-long process of patriation and takes the reader inside the committee room, giving them access to Cabinet discussions about constitutional reform. The volume offers a textual exploration of the edited proceedings concerning major Charter subjects such as fundamental freedoms, democratic rights, equality rights, language rights, and the limitations clause. Presenting key moments from the transcripts, carefully selected and contextualized, The Charter Debates is a one-of-a-kind resource for scholars, students, and general readers interested in the Charter and its impact on constitutional politics in Canada."-- Provided by publisher.
Law Library (Crown)
Book
249 pages : illustrations ; 24 cm.
  • Introduction
  • The facts : survey results
  • The facts : two case studies
  • Access to justice
  • Selecting the cases
  • Settlements
  • Fees
  • Costs
  • Conclusion.
Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past several decades to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada.
(source: Nielsen Book Data)9780774837880 20180521
Law Library (Crown)
Book
viii, 130 pages ; 24 cm.
  • Precriminalities : police investigation, substantive criminal law, and administrative processes
  • Creating police powers : a Canadian judicial innovation
  • Sex, sexuality, and the law : 'society's proper functioning' and precautionary governance of sex work
  • Administering criminal law : preventing crime and punishing the precriminal
  • The future of precrime : where do we go now?
In Philip K. Dick's short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick's allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"-particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.
(source: Nielsen Book Data)9781138055339 20180508
Law Library (Crown)
Book
xcv, 866 pages ; 24 cm
  • Foreword
  • Preface to the first edition
  • Introduction
  • An overview of criminal procedure and basic concepts
  • Detention and arrest
  • Search and seizure
  • Questioning
  • Intake procedures
  • Bail
  • Disclosure
  • Prosecutorial function
  • Elections, preliminary inquiries and preferring the indictment
  • Remedies
  • Informations and indictments
  • Territorial limits
  • Temporal limits
  • The plea
  • Jury selection
  • Trial procedure
  • Sentencing
  • Appeals.
"Structured chronologically, the relevant rules and procedures are introduced and explained in the same sequence as the criminal process, offering a logical and intuitive organization. The Charter's innumerable effects on the criminal process are addressed...throughout the book. The authors' backgrounds in practice, in academia and on the bench results in a textbook that is both thorough and insightful."-- Publisher's website.
Law Library (Crown)
Book
viii, 170 pages ; 24 cm.
  • Introduction
  • The Supreme Court and health policy : an overview
  • Eldridge v British Columbia : effective communication and the sounds of silence
  • Auton v British Columbia : reversal of fortune
  • Chaoulli v Quebec : the last line of defence for citizens
  • Conclusion.
Health Care and the Charter will be of interest to students and scholars of courts, rights litigation, and health policy, as well as health policy scholars, policy-makers, legal scholars, political scientists, and readers with a general interest in the issue of health care and the courts.
(source: Nielsen Book Data)9780774835534 20180521
Law Library (Crown)
Book
x, 230 pages ; 24 cm
  • 1. Taking a stand: politics, prisons and football-- 2. Doing the business: judges, academics, and intellectuals-- 3. If Derrida played football-- 4. Hurly-Berle: corporate governance and democracy-- 5. Fashion police v. Supreme Court: a dressing down?-- 6. The politics of The Charter: a critical approach-- 7. Judicial indiscretions: asking about law in all the wrongs ways-- 8. Why I don't teach administrative law (and perhaps why I should)-- 9. Into the black hole: toward a fresh approach to Tort causation-- 10. Some 'what if?' thoughts: notes on Donoghue-- 11. Les Miserables Redux: law and the poor-- 12. Too late to stop now: law, life and lore.
  • (source: Nielsen Book Data)9781108421058 20180226
Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law.
(source: Nielsen Book Data)9781108421058 20180226
Law Library (Crown)
Book
xxxvi, 388 pages ; 24 cm
  • A black letter overview
  • Libel and freedom of expression
  • The defamatory statement
  • Refernce to the plantiff
  • Publication
  • Justification
  • Absolute privilege
  • Reports privileged by statue
  • Qualified privilege at common law
  • Responsible communication
  • Fair comment
  • Consent
  • Notice requirements and limitation periods
  • Damages
  • Apologies and retractions
  • Injunctions
  • Screening for "SLAPP" litigation
  • Slander and other torts.
"Canadian libel law is designed to strike a balance between two essential values - protection from harmful publications on one side and protection of free expression on the other. [This book] guides you through libel law's thicket of rules, exceptions, shifting onuses and other legal considerations. Coverage includes cases decided since publication of the third edition in 2014, what constitutes defamation, the defences available, remedies, and how defamation ties into technological advancements and privacy laws."-- Publisher's website.
Law Library (Crown)
Book
xi, 307 pages ; 24 cm
  • Sexual assault and the legal profession
  • Pendulum swings and matriarchal justice : debunking defence counsel myths
  • A kinder and gentler approach? : interrogating the heroes of the defence bar
  • The sexual assault lawyer's justice project
  • The role of the Crown in sexual assault trials
  • Judging sexual assault trials
  • Judicial error in sexual assault cases
  • We owe a responsibility.
Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily - and sometimes unlawfully - contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers' public statements and commercial advertisements, Putting Trials on Trial demonstrates that - despite prominent contestations - complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.
(source: Nielsen Book Data)9780773552777 20180409
Law Library (Crown)
Journal/Periodical
volumes ; 24 cm.
Law Library (Crown)
Book
xlv, 921 pages : illustrations ; 23 cm
Law Library (Crown)
Book
1 online resource : text file, PDF
  • Preface Chapter One: Introduction Chapter Two: The Divide between Science and Law Chapter Three: The Gatekeeper Function Chapter Four: The Trial Chapter Five: Earlier Opportunities Chapter Six: Concluding Thoughts.
  • (source: Nielsen Book Data)9781138626195 20171218
Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson's experience-from a scientist and medical professional's perspective-in dealing with lawyers, judges, and the process of testifying in numerous court-offers a unique glimpse into how the two worlds of science and law don't always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book-cases Dr. Ferguson was personally involved with-are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising-in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth-truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.
(source: Nielsen Book Data)9781138626195 20171218
Book
xi, 714 pages ; 24 cm.
  • Standing, suspending, and sharing : the limits of the Charter as a tool of social change in criminal justice / Alan N. Young
  • “Casual encounters” of the worst kind / Julianna A Greenspan & Brad Greenshields
  • A human rights perspective on racial profiling in Ontario / Ontario Human Rights Commission
  • Questions of racism in police investigations and implications for our justice system / Roger Shallow
  • Competing rights or competing context under the Charter? / Errol P. Mendes
  • Federalism and national infrastructure / Mahmud Jamal
  • The performance of constitutional environmental rights : a case for further empirical study / Tyson Dyck
  • Prematurity, precaution, and the Charter : protection of substantive environmental rights in Canada / Theresa A. McClenaghan
  • The environment and the Charter / Dayna Nadine Scott
  • Indigenous peoples, art, law, and Canada at 150 / Jeffery Hewitt
  • Electronic surveillance : Section 8 and the evisceration of Part VI / Susan Chapman & Bianca Bell
  • Whither the reasonable expectations of privacy? / Avner Levin
  • Normalizing exceptional practices : security certificates, disclosure and use of evidence, and administrative detention / Marlys Edwardh & Adriel Weaver
  • Collective bargaining, labour law, and the Charter in the Supreme Court of Canada, 1987 to 2017 / Steven Barrett & John Craig
  • Broken trust : finding our way out of the damaged relationship through the rebuilding of indigenous legal institutions / Aimée Craft
  • Time is on our side : colonialism through laches and limitations of actions in the age of reconciliation / Senwung Luk & Brooke Barrett
  • The relationship between Canada and indigenous peoples : where are we? / Naiomi Metallic
  • Is the presumption of innocence under attack? / Matthew R. Gourlay
  • R v Jordan : a shift in perspective on unreasonable delay / Philip Campbell & Howard L Krongold
  • Democratic rights in a technocratic age : when constitutions (in law) are not enough / Jane Bailey
  • Low hanging fruit . . . and beyond : Canada’s drug laws meet the Charter / Melvyn Green
  • “The admittedly unattainable ideal” : adverse impact and race under Section 15 / Sonia Lawrence
  • Developing a Charter practice : the changing role of interventions / Andrew Lokan
  • More than words on paper : the court challenges program and actualizing Charter rights for marginalized communities / Shaun O’Brien
  • Five more minutes : representing public interest interveners thirty-five years after the Charter / Susan Ursel, Kristen Allen, & Alec Stromdahl
  • The impact of St0 Catharines Milling / Karen Drake
  • Fiery foundations of federalism : the enduring legacy of Citizens Insurance Co v Parsons / Bruce Ryder
  • R v Oakes : giving structure to Section 1 of the Charter of Rights and Freedoms / Peter W. Hogg.
"These Special Lectures, Canada at 150: The Charter and the Constitution, mark a return to a discussion of our Constitution, which is particularly apt in this anniversary year. Constitutional law was the subject of Special Lectures in 1978 and 2000 (in conjunction with administrative law), and a fresh look at this important topic is timely. This year's program brought together national and international experts to share ideas and perspectives on a range of issues in which the law has developed quite dramatically, even since 2000. Topics included developments in Indigenous and criminal law, privacy, human rights, and employment law, as well as commentary on constitutional cases that helped to shape Canada as a nation."-- Provided by publisher.
Law Library (Crown)
Book
l, 219 pages ; 24 cm
  • Pre-confederation (1763-1867) : 150 years of Canadian confederation : is there reason for indigenous people to celebrate? / Harry S. LaForme
  • Post-confederation (1867-1900) : the post-confederation era / Matthew P. Harrington
  • World War I (1900-1920) : Canada's constitutional coming of age / Eric M. Adams
  • Post-World War I/The Quiet Revolution (1920-1970) : through the lenses of legal interpretation and international law / Stéphane Beaulac
  • Establishment of the Canadian Charter of Rights and Freedoms (1970-1985) : trialogue for lived rights : Canadian women's constitutional activism : then and now / Marilou McPhedran
  • The early Charter years (1985-2000) : pioneering the Charter / Jamie Cameron
  • The millennium (2000-2017) : Canada, its constitution and its peoples enter the 21st century : a peaceful global template, but with challenges still to overcome / Errol P. Mendes
  • The evolution of the rule of law in Canada : the Canadian rule of law : past, present, future / Mary Liston
  • The Canadian constitution's role in challenging and promoting the rights of racial and ethnic minorities : Canada's diversity : reflections on the constitution, rights and equality at the sesquicentennial of confederation / Yasmeen Abu-Laban
  • Aboriginal rights today : Canada's 150th : have recent efforts to enliven aboriginal and treaty rights given a reason to celebrate? / Bradford W. Morse
  • Political parties and their influence on the Canadian constitution : politics and the Canadian constitution / Lorne Sossin
  • The influence of the Canadian Charter of Rights and Freedoms on the Constitution Act, 1867 and the division of powers : merging public law silos and Canada's evolving constitutional landscape / A. Wayne MacKay.
Law Library (Crown)
Book
xxii, 805 pages ; 24 cm
  • Preface
  • Historical introduction
  • Basic premises of modern labour legislation
  • Labour monopoly in an international market : cooperation or conflict?
  • Labour relations legislation, the Charter and the Supreme Court of Canada
  • Division of powers
  • The Labour Relations Board
  • The role of the courts
  • Employees
  • Employers
  • Unions
  • The right to organize
  • Certification
  • Voluntary recognition
  • Successor rights and obligations
  • Termination of bargaining rights
  • Negotiation of the agreement
  • The collective agreement
  • Arbitration to enforce the collective agreement
  • Other procedures to enforce the collective agreement
  • Economic warfare : primary activity
  • Economic warfare : secondary activity
  • Alternatives to economic warfare
  • The legal status of unions
  • The international, parent-local relationships
  • The individual and the union
  • Approaches to collective bargaining
  • Preparing for collective bargaining
  • Initial proposals
  • Communications in the Internet age
  • Resolution, ratification and return to work
  • Preparing for the next round of collective bargaining
  • Continuous bargaining
  • Special forms of collective bargaining
  • Unique sectors
  • Managing with and without a collective agreement
  • Wider impact of collective bargaining.
"The law of collective bargaining is one of the most sophisticated and dynamic areas of law in Canada. Every practitioner should have a 'go to' text on the framework in this area of the law and the process of collective bargaining, as well as practicalities to consider. The third edition of this...resource includes relevant updates to case law and statutes throughout; it also has been significantly expanded to include an entire new part of the text, which features 11 new chapters that examine the practical aspects of the collective bargaining process."-- Publisher's website.
Law Library (Crown)
Book
xv, 254 pages ; 23 cm
  • Foreword
  • Law-related careers and the Canadian justice system
  • Sources of law : statutes
  • Sources of law : common law
  • General categories in the justice system
  • Civil justice system : torts
  • More civil justice system concepts
  • Administrative law
  • Criminal law : the big picture
  • Criminal law : chargin and compelling appearance
  • Criminal law : trial issues
  • Criminal law : after conviction
  • Trends in the Canadian justice system.
"Designed for those who are planning careers in the Canadian justice system or who will be working with people impacted by various aspects of the system, this text provides the foundational knowledge needed to understand the way the various facets of the Canadian justice system work."-- Publisher's website.
Law Library (Crown)
Book
xvii, 518 pages ; 23 cm.
  • Preface to the sixth edition
  • Introduction
  • Historical context
  • The legitimacy of judicial review
  • Interpretation of the Charter of Rights and Freedoms
  • Limitation of Charter rights
  • The legislative override
  • Application
  • Charter litigation
  • Freedom of conscience and religion
  • Freedom of expression
  • Freedom of association
  • Democratic rights
  • Mobility rights
  • Life, liberty, and security of the person and the priniciples of fundamental justice
  • Rights in the criminal process
  • Equality
  • Language rights
  • Remedies
  • Conclusion.
"[This book surveys] the manner in which the Canadian courts have come to terms with a constitutionally entrenched bill of rights, focusing on the decisions of the Supreme Court of Canada. The purpose is to explain the Charter, its interpretation by the courts, and its practical application, rather than to present anything approaching a theoretical or philosophical account of Charter rights. It is, however, almost impossible to discuss the Charter without a theoretical framework. As will become apparent, [the authors] are believers in the Charter and in the important role it confers upon the courts. In [their] view, the courts are properly charged with the task of defining and protecting fundamental rights and freedoms in a modern liberal democracy. Furthermore, the Canadian experience to date suggests that an entrenched bill of rights enhances rather than detracts from fundamental democratic values."-- Provided by publisher.
Law Library (Crown)
Book
xviii, 740 pages : illustrations ; 24 cm.
  • Foreword Chronology Introduction 1 Ewanchuk Family Heritage and Childhood 2 Lineage: Of Elephants, Literary Salons, the Military, and Mozart 3 Early Years: Quebec City and Rimouski 4 Growing Up in Rimouski Early Education 5 Life as a Pensionnaire with the Ursulines, 1937-43 6 College Notre-Dame-de-Bellevue: Classical Studies for a Baccalaureat, 1943-46 A Legal Education 7 The Decision to Go to Law School, 1946-48 8 Laval Law School Student Body, 1948-52 9 Laval Law School Faculty and Curriculum, 1948-52 10 Life Outside of Law School, 1949-52 Law Practice 11 Entry: A Law Firm Job, 1952 12 Sam Bard: The Man behind the Employment Offer 13 Business Law Practice 14 Marriage and Children 15 Family Law: The Later Years of Practice 16 Practising as a Woman Quebec Superior Court 17 New Career Directions: "No" to Electoral Politics, "Yes" to the Bench, 1972-73 18 First Months on the Bench, February to October 1973 19 Immigration Commission of Inquiry, October 1973 to January 1976 20 Quebec Superior Court, 1976-79 21 Family Tragedy: Arthur's Death, 11 July 1978 Quebec Court of Appeal 22 Appointment to the Quebec Court of Appeal, 1979 23 Appellate Judging, 1979-87 24 More Family Traumas Supreme Court of Canada 25 Appointment to the Supreme Court of Canada, 1987 26 Early Days on the Supreme Court of Canada 27 Continuing Isolation on the Supreme Court 28 Fifteen Years of Jurisprudence, 1987-2002: "The Great Dissenter" Selected Cases 29 Sexual Assault: Seaboyer, 1991 30 Family Law and Spousal Support: Moge, 1992 31 Human Rights for Same-Sex Couples: Mossop, 1993 32 Tax Law and Sex Discrimination: Symes, 1993 33 More Deaths, 1987-94 34 The Quebec Secession Reference: "The Most Important Case, " 1998 35 Fairness in Immigration Law: Baker, 1999 36 Epilogue on Ewanchuk A Wider Stage 37 Judicial Education and International Influence 38 Retirement: A Much Heralded Exit Conclusion Notes Index.
  • (source: Nielsen Book Data)9780774836326 20180403
Claire L'Heureux-Dube will interest students and scholars of law, Canadian and Quebec history, and women's studies, as well as legal professionals such as lawyers, judges, and law clerks. More generally, those who enjoy Canadian biography will find compelling reading in this study of a highly influential woman with a formidable legal intellect.
(source: Nielsen Book Data)9780774836326 20180403
Law Library (Crown)