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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: Emmett Macfarlane
Publisher: University of Toronto Press
ISBN: 1487519494
Category : Political Science
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: Canada
Publisher: Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB)
ISBN:
Category : Law
Languages : en
Pages : 188
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Book Description
Consolidated as of April 17, 1982.
Author: Canada
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 0774866241
Category : Law
Languages : en
Pages : 228
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Book Description
The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.
Author: Paul Howe
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773568891
Category : Political Science
Languages : en
Pages : 347
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Book Description
The controversy raises challenging questions about the role of a powerful judiciary in a democracy. In Judicial Power and Canadian Democracy, a series of essays commissioned by the Institute for Research on Public Policy, some of Canada's foremost commentators - academics, politicians, and Supreme Court judges themselves - take up the debate. Some tangle over the pivotal question: should judges have the decisive say on issues involving entrenched rights that have profound implication for the policy preferences of elected bodies? Others examine related issues, including Supreme Court appointment procedures, interest group litigation, the historical roots of the notwithstanding clause, and the state of public opinion on Canada's courts. Those interested in the power of the judicial branch will find much in this collection to stimulate fresh thinking on issues that are likely to remain on the public agenda for years to come. Contributors include Joseph F. Fletcher (Toronto), Janet Hiebert (Queen's), Gregory Hein (Toronto), Peter W. Hogg (York), Paul Howe, Rainer Knopff (Calgary), Sébastien Lebel-Grenier (Sherbrooke), Howard Leeson (Regina), Kate Malleson (London School of Economics), E. Preston Manning (Reform Party of Canada), Hon. Beverley McLachlin (Supreme Court of Canada), F.L. Morton (Calgary), Pierre Patenaude (Sherbrooke), Peter Russell, Allison A. Thornton (Blake, Cassels and Graydon), Frederick Vaughan (emeritus, Guelph), Lorraine Eisenstat Weinrib (Toronto), Hon. Bertha Wilson (emeritus, Supreme Court of Canada), and Jacob Ziegel (Toronto).
Author: Beverley McLachlin
Publisher: Simon and Schuster
ISBN: 1982104988
Category : Biography & Autobiography
Languages : en
Pages : 385
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Book Description
INSTANT NATIONAL BESTSELLER WINNER OF THE WRITERS’ TRUST SHAUGHNESSY COHEN PRIZE WINNER OF THE OTTAWA BOOK AWARD FOR NONFICTION Former Chief Justice of the Supreme Court of Canada Beverley McLachlin offers an intimate and revealing look at her life, from her childhood in the Alberta foothills to her career on the Supreme Court, where she helped to shape the social and moral fabric of the country. As a young girl, Beverley McLachlin’s world was often full of wonder—at the expansive prairie vistas around her, at the stories she discovered in the books at her local library, and at the diverse people who passed through her parents’ door. While her family was poor, their lives were rich in the ways that mattered most. Even at a young age, she had an innate sense of justice, which was reinforced by the lessons her parents taught her: Everyone deserves dignity. All people are equal. Those who work hard reap the rewards. Willful, spirited, and unusually intelligent, she discovered in Pincher Creek an extraordinary tapestry of people and perspectives that informed her worldview going forward. Still, life in the rural Prairies was lonely, and gaining access to education—especially for girls—wasn’t always easy. As a young woman, McLachlin moved to Edmonton to pursue a degree in philosophy. There, she discovered her passion lay not in academia, but in the real world, solving problems directly related to the lives of the people around her. And in the law, she found the tools to do exactly that. She soon realized, though, that the world was not always willing to accept her. In her early years as an articling student and lawyer, she encountered sexism, exclusion, and old boys’ clubs at every turn. And outside the courtroom, personal loss and tragedies struck close to home. Nonetheless, McLachlin was determined to prove her worth, and her love of the law and the pursuit of justice pulled her through the darkest moments. McLachlin’s meteoric rise through the courts soon found her serving on the highest court in the country, becoming the first woman to be named Chief Justice of the Supreme Court of Canada. She rapidly distinguished herself as a judge of renown, one who was never afraid to take on morally complex or charged debates. Over the next eighteen years, McLachlin presided over the most prominent cases in the country—involving Charter challenges, same-sex marriage, and euthanasia. One judgment at a time, she laid down a legal legacy that proved that fairness and justice were not luxuries of the powerful but rather obligations owed to each and every one of us. With warmth, honesty, and deep wisdom, McLachlin invites us into her legal and personal life—into the hopes and doubts, the triumphs and losses on and off the bench. Through it all, her constant faith in justice remained her true north. In an age of division and uncertainty, McLachlin’s memoir is a reminder that justice and the rule of law remain our best hope for a progressive and bright future.
Author: James B. Kelly
Publisher: UBC Press
ISBN: 0774816767
Category : Law
Languages : en
Pages : 650
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Book Description
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Author: Peter Oliver
Publisher: Oxford University Press
ISBN: 0190664835
Category : Law
Languages : en
Pages : 1169
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Book Description
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Author: Emmett Macfarlane
Publisher: University of Toronto Press
ISBN: 1487558171
Category : Political Science
Languages : en
Pages : 320
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Book Description
Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.
