The Charter Revolution And The Court Party

"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

Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.

This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.

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.

Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada.

A provocative and timely call to action for civic-minded Canadians yearning for a more competitive political system ane better government. Canadians everywhere are asking: what's wrong with the Conservative Party? The Liberal Party of Canada has held power for 70 of the past 100 years--a feat unrivaled by any other political party in the Western hemisphere. This dominance has caused a great deal of frustration on all political fronts, especially on the right. In the past two years, the long-awaited merger of the Canadian Alliance and the Progressive Conservatives has not achieved the results many were expecting. Despite the explosive revelations of the sponsorship scandal, and attempts to improve his party's image, Stephen Harper's Conservatives still trail in the polls. In Rescuing Canada's Right, the authors examine the problems facing the Conservative Party and the broader conservative movement, and offer concrete solutions on how to fix them. Some of the issues the book will address: Why the Conservative Party and its predecessor parties have such a poor electoral record; Why today's Conservative Party is not really conservative. Why a new political vision is necessary to inspire Canadians--and what it should be. How the Liberals use public money to entrench an unhealthy reliance on the state--and how the right has failed to challenge it What Canadian conservatives can learn from the American and British experiences How to build a Canadian Conservative counter-culture in the media, academia, and the law How the right can break through to the young, and to immigrants in Quebec An action plan to end Canada's democratic deficit and level the political playing field. Rescuing Canada's Right will be a hard-hitting and groundbreaking work that will introduce new ideas and a passionate call for change for 21st century Canada.