Constitutional Politics in Canada After the Charter

Constitutional Politics in Canada After the Charter

Author: Patrick James

Publisher: University of British Columbia Press

Published: 2010

Total Pages: 208

ISBN-13:

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Since the Charter of Rights and Freedoms was introduced in 1982, Canada has experienced countless debates on constitutional politics and about the future of Canada. There has, however, been no systematic attempt to identify general theories about Canada’s constitutional evolution. Patrick James corrects this oversight by using systemism to identify and assess five theories within the liberal and communitarian paradigms and within the context of major issues such as the role of the courts and the status of Aboriginal peoples. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past - and the future - of the Canadian federation.


The Constitutional Protection of Freedom of Expression

The Constitutional Protection of Freedom of Expression

Author: Richard Moon

Publisher: University of Toronto Press

Published: 2000-01-01

Total Pages: 330

ISBN-13: 9780802078360

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Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.


Canada in the World

Canada in the World

Author: Richard Albert

Publisher: Cambridge University Press

Published: 2018

Total Pages: 483

ISBN-13: 1108419739

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Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.


The Charter of Rights and Freedoms

The Charter of Rights and Freedoms

Author: Robert J. Sharpe

Publisher: Irwin Law Incorporated

Published: 2009

Total Pages: 450

ISBN-13: 9781552211755

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Written by two of Canada s leading constitutional scholars, no other Canadian book provides such an accessible yet thorough and objective account of the Canadian Charter of Rights and Freedoms. The authors survey the manner in which 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. The text has been thoroughly updated to reflect Charter jurisprudence since publication of the third edition in 2005. Notable among those developments are significant changes to the way the Supreme Court has approached the interpretation of equality rights, constitutional remedies, and most recently the rights of the criminally accused.


Contested Constitutionalism

Contested Constitutionalism

Author: James B. Kelly

Publisher: UBC Press

Published: 2010

Total Pages: 650

ISBN-13: 0774816767

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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.


The Charter of Rights and Freedoms

The Charter of Rights and Freedoms

Author: Ian Greene

Publisher: James Lorimer & Company

Published: 2014-11-18

Total Pages: 442

ISBN-13: 1459406613

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Canada’s Charter of Rights and Freedoms has transformed Canadian life since it was adopted as part of the Canadian constitution in 1982. The Charter requires judges to make decisions on a wide range of issues that affect all Canadians. In doing so, the courts play a major role in citizens’ lives. Because of the Charter: - The law against prostitution was struck down. - The Harper government"s treatment of child soldier Omar Khadr was found to violate his rights. - Vancouver’s Insite safe injection site was kept open, overriding a federal government decision requiring it to shut down. Ian Greene is a political scientist, and his focus in this book is to highlight the many significant ways the Charter shapes Canadian life. After providing background on the creation and implementation of the Charter, he describes its impact on a wide range of issues — aboriginal affairs, voting rights, freedom of religion, the right to strike, and language rights, among others. Greene describes key decisions in these areas and comments on the often-conflicting views of the judges deciding them. Even though the Charter is a legal document, debated by lawyers and decided by judges, Greene approaches his subject with an eye on the political impact the Charter has on governments and ordinary citizens. Public discussion of the Charter is often framed around the question of who should make these important decisions — elected politicians or unelected judges. This book provides a clear understanding of how the Charter works and how ordinary citizens have succeeded — or failed — to win change from the courts. It offers information that people on every side of public discussion can use regarding the role of the Charter in Canadian life.