Toward The Charter

At the end of the Second World War, a growing concern that Canadians' civil liberties were not adequately protected, coupled with the international revival of the concept of universal human rights, led to a long public campaign to adopt a national bill of rights. While these initial efforts had been only partially successful by the 1960s, they laid the foundation for the radical change in Canadian human rights achieved by Pierre Elliott Trudeau in the 1980s. In Toward the Charter Christopher MacLennan explores the origins of this dramatic revolution in Canadian human rights, from its beginnings in the Great Depression to the critical developments of the 1960s. Drawing heavily on the experiences of a diverse range of human rights advocates, the author provides a detailed account of the various efforts to resist the abuse of civil liberties at the hands of the federal government and provincial legislatures and the resulting campaign for a national bill of rights. The important roles played by parliamentarians such as John Diefenbaker and academics such as F.R. Scott are placed alongside those of trade unionists, women, and a long list of individuals representing Canada's multicultural groups to reveal the diversity of the bill of rights movement. At the same time MacLennan weaves Canadian-made arguments for a bill of rights with ideas from the international human rights movement led by the United Nations to show that the Canadian experience can only be understood within a wider, global context.

The important roles played by parliamentarians such as John Diefenbaker and academics such as F.R. Scott are placed alongside those of trade unionists, women, and a long list of individuals representing Canada's multicultural groups to reveal the diversity of the bill of rights movement. At the same time MacLennan weaves Canadian-made arguments for a bill of rights with ideas from the international human rights movement led by the United Nations to show that the Canadian experience can only be understood within a wider, global context.

The adoption of the Canadian Constitution Act in 1982, with its embedded Charter of Rights and Freedoms, ushered in an era of unprecedented judicial influence on Canada's public policy. The Courts, the Charter, and the Schools examines how the Constitution Act has affected educational policy during the first twenty-five years of the Charter by analyzing landmark rulings handed down from appellate courts and the Supreme Court. The contributors consider the influence that Charter cases have had on educational policies and practices by discussing cases involving fundamental freedoms, legal rights, equality rights, and minority language rights. Demonstrating why and how the Charter was invoked, interpreted, and applied in each of these cases, this volume also highlights the resulting consequences for Canada's public schools. An illuminating collection of essays by prominent legal scholars and educational commentators, The Courts, the Charter, and the Schools is a significant contribution to the study of educational law and policy in Canada.

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.

In Charter Versus Federalism, Alan Cairns provides an insightful analysis of the consequences -- for citizen and government alike -- of the changes undergone by the Canadian constitution, especially since 1982. He also illuminates the difficulties of resolving the constitutional tensions between Quebec and The Rest of Canada.