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Author: Emmett Macfarlane
Publisher: University of Toronto Press
ISBN: 1487523157
Category : Law
Languages : en
Pages : 461
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Book Description
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Author: Emmett Macfarlane
Publisher: University of Toronto Press
ISBN: 1487523157
Category : Law
Languages : en
Pages : 461
Get Book Here
Book Description
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Author: Michael Lee Ross
Publisher: University of British Columbia Press
ISBN: 9780774811309
Category : History
Languages : en
Pages : 0
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Book Description
The sacred sites of indigenous peoples are under increasing threat worldwide. The threat’s origin is traceable to state appropriation of control over their ancestral territories; its increase is fueled by insatiable demands on lands, waters, and natural resources. Because their sacred sites spiritually anchor their relationship with their lands, and because their relationship with their lands is at the core of their identities, threats to their sacred sites are effectively threats to indigenous peoples themselves. In recent decades, First Nations peoples of Canada, like other indigenous peoples, have faced hard choices. Sometimes, they have foregone public defence of their threatened sacred sites in order to avoid compounding disrespect and to grieve in private over the desecration and even destruction. Other times, they have mounted public protests – ranging from public information campaigns to on-the-ground resistance, the latter having occurred famously at Oka, Ipperwash, and Gustafsen Lake. Of late, they have also taken their fight to the courts. First Nations Sacred Sites in Canada’s Courts is the first work to examine how Canada’s courts have responded. Informed by elements of a general theory of sacred sites and supported by a thorough analysis of nearly a dozen cases, the book demonstrates not merely that the courts have failed but also why they have failed to treat First Nations sacred sites fairly. The book does not, however, end on a wholly critical note. It goes on to suggest practical ways in which courts can improve on their treatment of First Nations sacred sites and, finally, to reflect that Canada too has something profound at stake in the struggle of First Nations peoples for their sacred sites. Although intended for anthropologists, lawyers, judges, politicians, and scholars (particularly those in anthropology, law, native studies, politics, and religious studies), First Nations Sacred Sites in Canada’s Courts may be read with profit by anyone interested in the evolving relationship between indigenous peoples and the modern state.
Author: McCormick, Peter
Publisher: Lorimer
ISBN: 9781550284355
Category : Law
Languages : en
Pages : 236
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Book Description
A unique discussion of the judicial system in Canada, this is the first book on the court system to be written from a social science, rather than a legal, perspective. McCormick analyzes which courts and judges are most often cited, and discusses party-capability theory in a Canadian context. He offers new data on the courts, including statistics on the Supreme Court caseload, the success rates on appeals from provincial courts of appeal to the Supreme Court, and success rates, by litigant category, in provincial and appeal court decisions. Written in accessible language and offering data that have never before been published, Canada's Courts will be of particular interest to legal professionals and those in related fields of the social sciences.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 810
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Book Description
Author: Martine Valois
Publisher: Irwin Law
ISBN: 9781552215470
Category :
Languages : en
Pages :
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Book Description
The Federal Court of Appeal and Federal Court are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as being bilingual and bijural. This book was prepared for the celebration of the fiftieth anniversary of the Federal Courts in 2021. Seventy-eight current and retired judges and prothonotaries on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noël and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Décary.
Author: James W. St. G. Walker
Publisher: Wilfrid Laurier Univ. Press
ISBN:
Category : History
Languages : en
Pages : 474
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Book Description
Drawing on four cases relating to race between 1914 and 1955, Walker (history, U. of Waterloo) explores the role of the Canadian Supreme Court and the law in racializing Canadian society. He demonstrates that the justices were expressing the prevailing common sense in their legal decisions, and argues that the law has created the conditions for the country's chronic racism. He projects past and current trends into the future. Co-published by the Osgoode Society for Canadian Legal History. Canadian card order number: C97-931762-2. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Gerald Baier
Publisher: University of British Columbia Press
ISBN: 9780774812368
Category : Law
Languages : en
Pages : 207
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Book Description
Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government. Courts and Federalism will appeal to readers interested in the comparative study of law and government as well as the interaction of law and federalism in contemporary society.
Author: Ian Greene
Publisher: University of British Columbia Press
ISBN:
Category : Education
Languages : en
Pages : 208
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Book Description
Academic and policy circles have been abuzz lately over the political involvement of groups in the judicial process – the "court party thesis." But how can we understand this debate without understanding the fundamentals of how courts actually operate? The Courts addresses this question by providing a well-informed account of the judicial system and its relation to democratic life. Ian Greene covers all the dimensions of the judicial system that have a significant bearing on the quality of Canadian democracy. He offers an insider’s perspective on the workings of the court: the role of judges, lawyers, and expert witnesses; the cost of litigation; the representativeness of juries; legal aid issues; and questions of jury reform. Greene also examines judicial activism, though within a much wider context. The book moves the debate about the role of the courts beyond its most well-travelled aspects, such as judicial appointment, discipline, independence, and review, to consider the ways in which the courts affect daily life and to examine these effects in terms of democratic principles. The Courts acknowledges that although courts are often viewed as elitist and unaccountable, democratic components of their operation nevertheless make them a more valuable aspect of democratic practice than most citizens realize. A valuable addition to the Canadian Democratic Audit series, this clearly written and engaging account of the court system will be welcomed by those studying law and politics.
Author: David Dyzenhaus
Publisher: Hart Publishing
ISBN: 1841134341
Category : Law
Languages : en
Pages : 519
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Book Description
This book tackles the relationship between the common law of judicial review, the written constitution and public international law.
Author: Gerald L. Gall
Publisher: Scarborough, Ont. : Carswell
ISBN: 9780459241537
Category : Courts
Languages : en
Pages : 713
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Book Description
The 5th edition has been completely updated, including significant additions to the sections on military law, changes to the provincial court structure (i.e., simplified procedures, case management, and court reform), incorporation of formal and informal ADR, and key charter and constitutional jurisprudence that continues to shape the law in Canada."--Pub. desc.
