Morgentaler V Borowski

Since 1980, the Canadian women's movement has been an active participant in consitutional politics and Charter litigation. This book, through its focus on the Women's Legal Education and Action Fund (LEAF), presents a compelling examination of how Canadian feminists became key actors in developing the constitutional doctrine of equality, and how they mobilized that doctrine to support the movement's policy agenda. The case of LEAF, an organization that has as its goal the use of Charter litigation to influence legal rules and public policy, provides rich ground for Christopher Manfredi's keen analysis of legal mobilization. In a multitude of areas such as abortion, pornography, sexual assault, family law, and gay and lesbian rights, LEAF has intervened before the Supreme Court to bring its understanding of equality to bear on legal policy development. This study offers a deft examination of LEAF's arguments and seeks to understand how they affected the Court's consideration of the issues. Perhaps most important, it also contemplates the long-term effects of the mobilization, and considers the social impact of the legal doctrine that has emerged from LEAF cases. A major contribution to law and society studies, Feminist Activism in the Supreme Court is unparalleled in its analysis of legal mobilization as an effective strategy for social movements. It will be widely read and welcomed by legal scholars, political scientists, lawyers, feminists, and activists.

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.

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.

"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University

The landmark decision R. v. Morgentaler (1988) struck down Canada’s abortion law and is widely believed to have established a right to abortion, but its actual impact is much less decisive. In After Morgentaler, Rachael Johnstone examines the state of abortion access in Canada today and argues that substantive access is essential to full citizenship for women. Using case studies, Johnstone assesses the role of both state and non-state actors in shaping access. This book affirms the need to recognize abortion as an issue fundamentally tied to women’s equality, while stressing the utility of rights claims to improve access.

Democratic government is about making choices. Sometimes those choices involve the distribution of benefits. At other times they involve the imposition of some type of loss—a program cut, increased taxes, or new regulatory standards. Citizens will resist such impositions if they can, or will try to punish governments at election time. The dynamics of loss imposition are therefore a universal—if unpleasant—element of democratic governance. The Government Taketh Away examines the repercussions of unpopular government decisions in Canada and the United States, the two great democratic nations of North America. Pal, Weaver, and their contributors compare the capacities of the U.S. presidential system and the Canadian Westminster system to impose different types of losses: symbolic losses (gun control and abortion), geographically concentrated losses (military base closings and nuclear waste disposal), geographically dispersed losses (cuts to pensions and to health care), and losses imposed on business (telecommunications deregulation and tobacco control). Theory holds that Westminster-style systems should, all things being equal, have a comparative advantage in loss imposition because they concentrate power and authority, though this can make it easier to pin blame on politicians too. The empirical findings of the cases in this book paint a more complex picture. Westminster systems do appear to have some robust abilities to impose losses, and US institutions provide more opportunities for loss-avoiders to resist government policy in some sectors. But in most sectors, outcomes in the two countries are strikingly similar. The Government Taketh Away is essential for the scholar and students of public policy or comparative policy. It is also an important book for the average citizen who wants to know more about the complexities of living in a democratic society where the government can give-but how it can also, sometimes painfully, "taketh away."