Canada’s Surprising Constitution
Canada’s Surprising Constitution

Author: Howard Kislowicz

Publisher: UBC Press

Published: 2024-05-01

Total Pages: 442

ISBN-13: 0774870079

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Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution – only four decades old – produced so many surprises? Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and – looking ahead – anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action.

Policy Change, Courts, and the Canadian Constitution
Policy Change, Courts, and the Canadian Constitution

Author: Emmett Macfarlane

Publisher: University of Toronto Press

Published: 2018-01-01

Total Pages: 461

ISBN-13: 1487523157

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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.

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 Oxford Handbook of the Canadian Constitution
The Oxford Handbook of the Canadian Constitution

Author: Peter Crawford Oliver

Publisher: Oxford University Press

Published: 2017

Total Pages: 1169

ISBN-13: 0190664819

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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.

The Canadian Constitution
The Canadian Constitution

Author: Adam Dodek

Publisher: Dundurn

Published: 2016-10-22

Total Pages: 159

ISBN-13: 1459735056

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The Hill Times: Best Books of 2016 A new, expanded edition of the first-ever primer on Canada’s Constitution — for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982 accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works, and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index so far to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This revised and expanded edition is a great primer for those coming to Canada’s Constitution for the first time, and a useful reference work for students and scholars.

Constitutional Dialogue
Constitutional Dialogue

Author: Geoffrey Sigalet

Publisher: Cambridge University Press

Published: 2019-05-02

Total Pages: 487

ISBN-13: 1108417582

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Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.

Unions in Court
Unions in Court

Author: Larry Savage

Publisher: UBC Press

Published: 2017-06-09

Total Pages: 323

ISBN-13: 0774835419

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Since the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. But how did the labour movement, historically hostile to judicial intervention in labour relations, come to embrace legal activism as a first line of defense as opposed to a last resort? Unions in Court documents the evolution of the Canadian labour movement’s engagement with the Charter, demonstrating how and why labour has adopted a controversial, Charter-based legal strategy to challenge and change legislation that restricts union rights. This book’s in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields.

Democratic Experimentalism
Democratic Experimentalism

Author: Brian E. Butler

Publisher: Rodopi

Published: 2013

Total Pages: 321

ISBN-13: 940120926X

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This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach. Together these essays offer conceptions of democracy and democratic governance that emphasize and highlight experimentalist aspects of pragmatic thought, particularly Deweyan pragmatism, and its relationship to instantiation in concrete social and political institutions. Issues of democratic governance, political organization and the relationship of law to democracy are analyzed.

A Fair Country
A Fair Country

Author: John Ralston Saul

Publisher: Penguin Canada

Published: 2009-09-22

Total Pages: 395

ISBN-13: 0143175335

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In this startlingly original vision of Canada, renowned thinker John Ralston Saul argues that Canada is a Métis nation, heavily influenced and shaped by Aboriginal ideas: Egalitarianism, a proper balance between individual and group, and a penchant for negotiation over violence are all Aboriginal values that Canada absorbed. An obstacle to our progress, Saul argues, is that Canada has an increasingly ineffective elite, a colonial non-intellectual business elite that doesn't believe in Canada. It is critical that we recognize these aspects of the country in order to rethink its future.

The Battle of London
The Battle of London

Author: Frédéric Bastien

Publisher: Dundurn

Published: 2014-10-01

Total Pages: 544

ISBN-13: 1459723317

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A bestseller in Quebec that describes the horse-trading, intrigue and unrest behind Trudeau’s quest to repatriate the Constitution. After the referendum in 1980, Pierre Elliott Trudeau turned his sights on repatriating the Constitution in an effort to make Canada fully independent from Britain. What should have been a simple process snowballed into a complicated intrigue. Quebec, which thought its prerogatives would be threatened if the Constitution were repatriated, mounted a charm offensive, replete with fine dining and expensive wines in order to influence key British MPs. Not to be outdone, Canada’s native leaders, who felt betrayed by the British Crown, decided to enter the fray, determined to ensure that their cause would triumph. The English Labour Party had a view on the matter as well, which chiefly involved embarrassing Prime Minister Thatcher as thoroughly as possible. Historian Frédéric Bastien describes with great flair how the maverick Trudeau and the uncompromising Thatcher entered into one of history’s most unlikely marriages of convenience in order to repatriate the Canadian Constitution.