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Author:
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 968
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Book Description
Author: Ian Bushnell
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773563016
Category : History
Languages : en
Pages : 619
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Book Description
Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought that makes the Court "captive" to inherited traditions and legal doctrines and prevents it from achieving its true potential within the Canadian legal system. Previous studies of the Court have concentrated on the years after 1949; by expanding the coverage to include the first three-quarters of a century of the Court's existence, Bushnell has uncovered a critical aspect of Canadian legal history. Bushnell provides an analysis of more than eighty cases decided by the Court between 1876 and 1989. He examines the backgrounds and views of the sixty-seven judges who served on the Supreme Court during this period, evaluating both the role they felt they played in Canadian society and the role others expected them to play. He studies the question of the right of appeal to the Judicial Committee of the Privy Council and its effect on the Supreme Court, as well as the movement toward the abolition of appeal. In the concluding part of the study Bushnell considers the controversy over the demand for impartial justice, criticism of the judiciary, and the judges who will take the Court into the twenty-first century.
Author: Susan P. Crawford
Publisher: Yale University Press
ISBN: 0300153139
Category : Law
Languages : en
Pages : 370
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Book Description
Why Americans are paying much more for Internet access,and getting much less
Author:
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 968
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Book Description
Author:
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 842
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Book Description
The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
Author: Ian Greene
Publisher: James Lorimer & Company
ISBN: 9781550285642
Category : Law
Languages : en
Pages : 266
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Book Description
Appeal courts--including the Supreme Court of Canada--rule on the most contentious issues facing Canadian society: abortion, Aboriginal land claims, gay rights. The authors of this book have conducted extensive research into the nature and function of appeal courts and here present their findings. This book outlines how appeal court judges make their decisions and how they defend them; the role played by judicial discretion; regional differences in appeal court operations; and the increasingly controversial role courts play in policymaking. Final Appeal is a detailed analysis of the nature and operation of Canada's courts of appeal.
Author: Robert J. Sharpe
Publisher: University of Toronto Press
ISBN: 1442692340
Category : Law
Languages : en
Pages : 305
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Book Description
On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.
Author: Stephen McKenna
Publisher: Petra Books
ISBN: 1927032687
Category : Biography & Autobiography
Languages : en
Pages : 337
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Book Description
Hon. Patrick Kerwin, a Chief Justice of Canada, was born in 1889 in Sarnia, Ontario. In this biography, Stephen McKenna looks at his grandfather Patrick’s early years and examines his career, cases, speeches, his family and social life. An intimate look at the life of a great Canadian who devoted much of his career to public service. With extensive appendix.
Author: Roy B. Flemming
Publisher: UBC Press
ISBN: 9780774810838
Category : Law
Languages : en
Pages : 146
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Book Description
Canada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place? From the several hundred requests for judicial review filed every year, how and why do the justices pick some cases but not others for review? Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases "win" a place on the Court's agenda and others do not. Taking the approach that the process mimics a sports tournament, this study raises several vital questions. For example, is there an elite Supreme Court "bar" that routinely wins the tournament? Do the Court's rules affect the tournament's outcomes? Or does winning and losing reflect the resources of the parties? As players in this tournament, how do the judges play the game and how does it affect their votes to grant or deny judicial review? Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada's Supreme Court, Roy B. Flemming offers both a qualitatively- and quantitatively-based explanation of how Canada's justices grant judicial review. The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth, and European countries whose high courts share many features of the appeals process in Canada.
Author: James Bickerton
Publisher: University of Toronto Press
ISBN: 1487588127
Category : Political Science
Languages : en
Pages : 471
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Book Description
For this new edition, James Bickerton and Alain-G. Gagnon have organized the book into six parts. Part I covers the origins and foundation of Canada as a political entity while Part II focuses on government, parliament, and the courts. Part III examines matters pertaining to federalism and the Canadian Charter of Rights and Freedoms. Part IV casts some new light on electoral politics and political communications and Part V examines citizenship, diversity, and social movements. Part VI, the final section of the book, concentrates on a number of political issues that merit special attention on the part of political actors and decision makers, namely the evolving relationship between Canada and Indigenous peoples, immigration and refugees, environment and climate change, and relations between Canada and the United States. This seventh edition of Canadian Politics includes 12 new chapters, with ten new contributing authors and coverage of six new subjects, and is essential reading for students and specialists studying Canadian politics.
Author: Jonathan Swainger
Publisher: UBC Press
ISBN: 0774841990
Category : History
Languages : en
Pages : 178
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Book Description
The federal Department of Justice was established by John A. Macdonald as part of the Conservative party's program for reform of the parliamentary system following Confederation. Among other things, it was charged with establishing national institutions such as the Supreme Court and the North West Mounted Police and with centralizing the penitentiary system. In the process, the department took on a position of primary importance in post-Confederation politics. This was particularly so up to 1878, when Confederation was "completed." Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867. Drawing on legal records and other archival documents, he details the complex interactions between law and politics, exploring how expectations both inside and outside the legal system created an environment in which the department acted as an advisor to the government. He concludes by considering the post-1878 legacy of the department's approach to governance, wherein any problem, legal or otherwise, was made amenable to politicized solutions. Unfortunately for the department and the federal government, this left them ill-prepared for the constitutional battles to come. One crucial task was to establish responsibilities within the federal government, rather than just duplicate offices which had existed prior to union. Others were the establishment of national or quasi- national institutions such as the Supreme Court (1875) and the North-West Mounted Police (1873), the redrafting of the Governor-General's instructions (which was done between 1875 and 1877), and centralization of the penitentiary system (completed by 1875). The Department benefited from a deeply rooted expectation that law was both apolitical and necessary. This ideology functioned in a variety of ways: it gave the Department considerable latitude for setting policy and solving problems, but rationalized the appearance of politicized legal decisions. It also legitimized Department officials' claim that it was especially suited to review all legislation, advise on the royal prerogative of mercy, administer national penitentiaries, and appoint judges to the bench. Ultimately, the fictional notion of law as apolitical and necessary placed the Department of Justice squarely in the midst of the completion of Confederation. The Canadian Department of Justice and the Completion of Confederation will be of particular interest to students and scholars of Canadian legal and political history.
