Constitution Books

Book SynopsisDrawing on legal records and other archival documents, Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867.Table of ContentsAcknowledgments1 Introduction2 An Apolitical Advisor: The Fiction of the Attorney General3 The Department of Justice and the Business of Governance4 Advisors to the Crown and the Prerogative of Mercy5 Canadian Penitentiaries and the Rhetoric of Nation, Centralization, and Reform6 The Department of Justice and the Judiciary7 ConclusionNotesBibliographyIndex

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Book SynopsisSince 1980, the Canadian women's movement has been an active participant in constitutional 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 had as its goal the use of Charter litigation to influence legal rules and public policy, provides rich ground for 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 issuesTable of ContentsTablesAcknowledgementsIntroduction1 Legal Doctrine, Legal Mobilization and LEAF2 The Path to Substantive Equality3 Gaining Ground4 Family Matters: Breakdowns and Benefits5 A Difficult Dialogue6 Making A Difference: The Policy Consequences of Legal MobilizationConclusionNotesBibliographyCases CitedIndex

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Book SynopsisThe first full-length study of the void-for-vagueness doctrine and its implications in Canadian constitutional law.Trade ReviewIn this intriguing book, March Ribeiro undertakes a detailed study of the vagueness doctrine in Canadian constitutional law ... for those interested in constitutional law and legal theory, this book is highly recommended. In addition, by providing not only the theoretical context in which the vagueness doctrine is situated but also practical guidance for legislative drafters, this fascinating book will prove to be of value to legislators and other legal professionals. -- Devrin Froese * Saskatchewan Law Review, vol. 69, 2006 *Table of ContentsForewordAcknowledgmentsIntroduction1 The Principle of Legality2 The Rule of Law3 The Content of the Vagueness Doctrine4 The Place of the Vagueness Doctrine in the CharterConclusionNotesBibliographyIndex

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Book SynopsisDrawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada’s Supreme Court, this book offers both a qualitatively and quantitatively-based explanation of how Canada’s justices grant judicial review.Trade ReviewFrom the safe refuge as a professor at Texas A & M University, the author defines the Supreme Court of Canada as a political institution subject to the usual incentives and constraints as those experienced by members of more recognizable political institutions. In assessing how the Supreme Court decides what cases to hear the author postulates how it is done and while so doing is helpful to lawyers seeking leave to appeal. The author has prepared tables of variables that lawyers may look at to find a fit. This book is a must for trial lawyers. -- Ronald F. MacIsaac * The Saskatchewan Advocate *The study described in Tournament of Appeals is interesting and timely. Which appeals the Supreme Court chooses to hear will affect the development of law and policy in Canada. How they choose these appeals should therefore be of great interest to the public at large, and the legal profession in particular. If the Court itself will not tell us how it is done, this study narrows the possibilities, and expands our understanding, not only of the Supreme Court of Canada, but also of the United States Supreme Court and the highest courts of other countries. -- Reche J. McKeague * Saskatchewan Law Review 2005, Vol 68 *I cannot count the times I have heard lawyers put forward their various theories on their own successes and failures, so they may well find this little text very illuminating. -- Ronald F. MacIsaac * The Barrister *Table of ContentsFigures and TablesPreface and Acknowledgments1 Judicial Review and Agenda Setting: American Accounts and the Canadian Setting2 Tournaments and Stratification of Canada’s Supreme Court Bar3 Litigants, Lawyers, and the Tournament of Appeals4 Tournament Rules and the Consequences of Institutional Choices5 The Court Game: Strategy and Consensus among the Tournament’s Judges6 Conclusion: Canadian Variations of American ThemesNotesReferencesIndex

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Book SynopsisCanada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place?Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases win a place on the Court's agenda and others do not. Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada's Supreme Court, Flemming offers both a qualitatively and quantitatively-based explanation of how Canada's justices grant judicial review.The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth or Europe, where the appeals process in the high courts is similar to that of Canada.<Trade ReviewFrom the safe refuge as a professor at Texas A & M University, the author defines the Supreme Court of Canada as a political institution subject to the usual incentives and constraints as those experienced by members of more recognizable political institutions. In assessing how the Supreme Court decides what cases to hear the author postulates how it is done and while so doing is helpful to lawyers seeking leave to appeal. The author has prepared tables of variables that lawyers may look at to find a fit. This book is a must for trial lawyers. -- Ronald F. MacIsaac * The Saskatchewan Advocate *The study described in Tournament of Appeals is interesting and timely. Which appeals the Supreme Court chooses to hear will affect the development of law and policy in Canada. How they choose these appeals should therefore be of great interest to the public at large, and the legal profession in particular. If the Court itself will not tell us how it is done, this study narrows the possibilities, and expands our understanding, not only of the Supreme Court of Canada, but also of the United States Supreme Court and the highest courts of other countries. -- Reche J. McKeague * Saskatchewan Law Review 2005, Vol 68 *I cannot count the times I have heard lawyers put forward their various theories on their own successes and failures, so they may well find this little text very illuminating. -- Ronald F. MacIsaac * The Barrister *Table of ContentsFigures and TablesPreface and Acknowledgments1 Judicial Review and Agenda Setting: American Accounts and the Canadian Setting2 Tournaments and Stratification of Canada’s Supreme Court Bar3 Litigants, Lawyers, and the Tournament of Appeals4 Tournament Rules and the Consequences of Institutional Choices5 The Court Game: Strategy and Consensus among the Tournament’s Judges6 Conclusion: Canadian Variations of American ThemesNotesReferencesIndex

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Book SynopsisSince the introduction of the Canadian Charter of Rights and Freedoms in 1982, the question of judicial power and its relationship to parliamentary democracy has been an important one in Canadian politics. Some critics, suspicious of what they perceive as the activism of unelected and unaccountable judges, view the increased power of the Supreme Court as a direct challenge to parliament. But has parliamentary democracy been weakened by judicial responses to the Charter?In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court's judicial activism. On the contrary, an activist framers' intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which hasTrade ReviewGoverning With the Charter offers a number of challenging insights into the new era of Canadian politics. The theory of multiple rights activism, the historical analysis of framers’ intent, the reconceptualization of judicial activism, and the normative implications for the future make this a most satisfying volume for the scholar of Canadian law, as well as for the general comparative courts researcher. -- David L. Weiden * Law and Politics Book Review, vol. 16, no. 6 *Table of ContentsAcknowledgmentsAcronymsIntroductionPart 1: Democratic Activism and Constitutional Politics1 Democracy and Judicial Review2 Constitutional Politics and the Charter3 Framers’ Intent and the Parliamentary ArenaPart 2: Judicial Activism and the Supreme Court of Canada4 The Supreme Court and Police Conduct5 Guardians of the ConstitutionPart 3: Legislative Activism and the Policy Process6 The Charter and Canadian Federalism7 Governing with the Charter of RightsConclusionBibliographyIndex

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Book SynopsisSince the introduction of the Canadian Charter of Rights and Freedoms in 1982, the question of judicial power and its relationship to parliamentary democracy has been an important one in Canadian politics. Some critics, suspicious of what they perceive as the activism of unelected and unaccountable judges, view the increased power of the Supreme Court as a direct challenge to parliament. But has parliamentary democracy been weakened by judicial responses to the Charter?In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court's judicial activism. On the contrary, an activist framers' intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which hasTrade ReviewGoverning With the Charter offers a number of challenging insights into the new era of Canadian politics. The theory of multiple rights activism, the historical analysis of framers’ intent, the reconceptualization of judicial activism, and the normative implications for the future make this a most satisfying volume for the scholar of Canadian law, as well as for the general comparative courts researcher. -- David L. Weiden * Law and Politics Book Review, vol. 16, no. 6 *Table of ContentsAcknowledgmentsAcronymsIntroductionPart 1: Democratic Activism and Constitutional Politics1 Democracy and Judicial Review2 Constitutional Politics and the Charter3 Framers’ Intent and the Parliamentary ArenaPart 2: Judicial Activism and the Supreme Court of Canada4 The Supreme Court and Police Conduct5 Guardians of the ConstitutionPart 3: Legislative Activism and the Policy Process6 The Charter and Canadian Federalism7 Governing with the Charter of RightsConclusionBibliographyIndex

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Book SynopsisCourts and Federalism examines recent developments in thejudicial review of federalism in the United States, Australia, andCanada. Through detailed surveys of these three countries, Gerald Baierclearly demonstrates that understanding judicial doctrine is key tounderstanding judicial power in a federation. Baier offers overwhelmingevidence of doctrine's formative role in division-of-powerdisputes and its positive contribution to the operation of a federalsystem. Courts and Federalism urges political scientists totake courts and judicial reasoning more seriously in their accounts offederal government.Courts and Federalism will appeal to readers interested inthe comparative study of law and government as well as the interactionof law and federalism in contemporary society.Table of ContentsAcknowledgments Introduction 1. Judicial Doctrine as an Independent Variable in Federalism 2. A Brief History of Federalism Doctrine in Practice 3. The US Supreme Court: Revived Federalism 4. The Australian High Court: Legalistic Federalism 5. The Canadian Supreme Court: Balanced Federalism Conclusion Notes Bibliography Index

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Book SynopsisThe Charter of Rights and Freedoms  was introduced in 1982. Since then, Canada has experienced more than twenty-five years of constitutional politics and countless debates about whether the Canadian federation is integrating or disintegrating. There has, however, been no systematic attempt to identify general theories about Canada's constitutional evolution. Patrick James corrects this oversight by using systemism, a concept drawn from the philosophy of science, to identify and assess five theories that fall into the liberal or communitarian paradigms. These theories are examined in the context of major issues such as the role of the courts or the status of Aboriginal peoples, and debates among advocates and critics of each theory are used to work toward a greater understanding of constitutional wrangling in Canada. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past and the futurTrade Review"Patrick James provides a highly intelligent and balanced synthesis of twenty-five years of constitutional politics literature in Canada... He also develops an innovative theoretical approach (systemism) to evaluate competing constitutional theories and to test the theoretical significance of competing constitutional approaches. Simply put, as an exercise in theory building, testing, and evaluation, this book makes a unique contribution to the state of Canadian politics and constitutional studies. - James Kelly, Department of Political Science, Concordia University"Table of Contents1 Constitutional Politics in Canada: The Charter and Beyond2 Systemism and Canadian Constitutional Politics3 Identifying Concepts and Theories4 Liberal Theories: Negative Identity, Megapolitics, and Institutional Imbalance5 Communitarian Theories: Asymmetrical Federalism and the Citizens’ Constitution6 A Critique and Comparison of Liberal and Communitarian Theories7 ConclusionNotesReferencesIndex

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Book SynopsisThe Charter of Rights and Freedoms  was introduced in 1982. Since then, Canada has experienced more than twenty-five years of constitutional politics and countless debates about whether the Canadian federation is integrating or disintegrating. There has, however, been no systematic attempt to identify general theories about Canada's constitutional evolution. Patrick James corrects this oversight by using systemism, a concept drawn from the philosophy of science, to identify and assess five theories that fall into the liberal or communitarian paradigms. These theories are examined in the context of major issues such as the role of the courts or the status of Aboriginal peoples, and debates among advocates and critics of each theory are used to work toward a greater understanding of constitutional wrangling in Canada. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past and the futurTable of Contents1 Constitutional Politics in Canada: The Charter and Beyond2 Systemism and Canadian Constitutional Politics3 Identifying Concepts and Theories4 Liberal Theories: Negative Identity, Megapolitics, and Institutional Imbalance5 Communitarian Theories: Asymmetrical Federalism and the Citizens’ Constitution6 A Critique and Comparison of Liberal and Communitarian Theories7 ConclusionNotesReferencesIndex

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Book SynopsisDespite the Supreme Court of Canada's crucial role in the country's legal system, many Canadians are in the dark about the inner workings of this institution. In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, former law clerks, and other staff members of the court to shed light on the institution's internal environment and decision-making processes. Challenging dominant theoretical and methodological approaches that fail to examine individual or structural forces that affect the court's decisions, he explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices' behaviour; and situates the court in its wider governmental and societal context. At once enlightening and engaging, Governing from the Bench is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.Trade ReviewMacfarlane describes the aim of his book as being to “open the black box”; suffice it to say that he has done so masterfully by synthesizing earlier research and supplementing it with his own extensive work. He has produced not a meditation on how Supreme Court judging should work, but an empirical examination of how it does work, with important contributions from the point of view of the participants themselves ... Governing from the Bench is a gem of a book for anyone seeking to understand how power is exercised by the judiciary — an audience that should include everyone. -- Bob Tarantino * Literary Review of Canada, January-February 2014 *Macfarlane has made an original foray into the intricacies of Supreme Court decision making. Governing from the Bench has gone to considerable lengths towards opening the Supreme Court’s “black box,” and in doing so has brought historical institutionalism into the mainstream of the study of Canadian law and politics. I highly recommend it. -- Dave Snow, University of Calgary * Canadian Journal of Political Science *Table of ContentsIntroduction1 Studying Judicial Behaviour2 The Evolution of the Court and Its Justices3 Setting the Stage: Exploring Court Processes Leading to Decisions4 The Decision: Collegiality, Conflict, and Consensus5 A Question of Competence: Examining Judicial Policy Making6 The Court in Government and Society: Dialogue, Public Opinion, and the MediaConclusionNotesBibliographyIndex

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Book SynopsisAboriginal Justice and the Charter explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, seeking practical ways to implement Aboriginal justice. David Milward examines nine legal rights guaranteed by the Charter and undertakes a thorough search for interpretations sensitive to Aboriginal culture.Much of the previous literature in this area has dealt with idealized notions of what Aboriginal justice might be. Here, David Milward strikes out into new territory to examine why Indigenous communities seek to explore different paths in this area, and to identify some of the applicable constitutional constraints. This book considers a number of specific areas of the criminal justice process in which Indigenous communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. Milward grapples with the difTable of ContentsForeword / Bruce Granville MillerAcknowledgments1 Introduction2 Aboriginal Aspirations for Justice3 The Current Situation in Canada4 Addressing the Tension5 Realizing the Culturally Sensitive Interpretation of Legal Rights6 The Sentencing Process7 The Trial Phase8 The Investigative Stage9 The Final Resolution10 ConclusionNotesBibliographyIndex

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Book SynopsisBridging the solitudes of constitutional law and international relations, this book offers a brand new interpretation of Canada’s Constitution.Table of ContentsPrefaceIntroductionPart 1: The Conceptual Framework for Assessing Canadian Strategic Power in Constitutional Terms1 Framing Some Key Concepts2 Diplomacy3 The Military4 Government, or Pure Executive Potency5 Natural Resources (and Food)6 National Economic Might7 Communications8 Population9 The Strategic Constitution as Conceptual and Analytical FrameworkPart 2: Applying the Conceptual Framework: Four Policy Case StudiesCase Study A: Canadian Strategic Leadership in the AmericasCase Study B: Bona Fide WarCase Study C: Arctic SovereigntyCase Study D: National Security-CounterterrorismConclusionBibliographyIndex

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Book SynopsisPatriation and Its Consequences examines the political events and struggles that resulted in the 1981 agreement to patriate the Canadian constitution and sheds light on the political consequences of this key moment in Canadian history.Table of ContentsPart 1: Introduction: The Significance of Constitution Making1 Looking Back on Patriation and Its Consequences / Lois Harder and Steve Patten2 Constituting Constitutions: The Patriation Moment / Janine BrodiePart 2: Tracing the Long Road to Patriation3 Constitutional Nationalism: Politics, Law, and Culture on the Road to Patriation / Eric M. Adams4 The Evolution of the Charter / Barry L. Strayer5 The Rise of Spectator Constitutionalism, 1967-81 / P.E. BrydenPart 3: Shaping Patriation: Law, Political Vision, Political Actors, and Political Struggle6 Law, Politics, and the Patriation Reference of 1981 / Philip Girard7 The Judiciary in Trudeau’s Constitutional Vision: Intellectual Trajectory and Origins of the Charter / David Schneiderman8 More Distress than Enchantment: The Constitutional Negotiations of November 1981 Seen from Quebec / Guy Laforest and Rosalie Readman9 Tracking Justice: The Constitution Express to Section 35 and Beyond / Louise Mandell and Leslie Hall Pinder10 “28 – Helluva Lot to Lose in 27 Days”: The Ad Hoc Committee and Women’s Constitutional Activism in the Era of Patriation / Marilou McPhedran, Judith Erola, and Loren BraulPart 4: The Political and Constitutional Consequences of Patriation11 Patriation and the Law of Unintended Consequences / Peter Russell12 Canadian Federalism since Patriation: Advancing a Federalism of Empowerment / Alain-G. Gagnon and Alex Schwartz13 An Indigenous Constitutional Paradox: Both Monumental Achievement and Monumental Defeat / Kiera Ladner14 The Sad but True Story of a Shrinking Equality Opportunity Structure / Alexandra DobrowolskyList of Contributors; Index

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Book SynopsisPatriation and Its Consequences examines the political events and struggles that resulted in the 1981 agreement to patriate the Canadian constitution and sheds light on the political consequences of this key moment in Canadian history.Table of ContentsPart 1: Introduction: The Significance of Constitution Making1 Looking Back on Patriation and Its Consequences / Lois Harder and Steve Patten2 Constituting Constitutions: The Patriation Moment / Janine BrodiePart 2: Tracing the Long Road to Patriation3 Constitutional Nationalism: Politics, Law, and Culture on the Road to Patriation / Eric M. Adams4 The Evolution of the Charter / Barry L. Strayer5 The Rise of Spectator Constitutionalism, 1967-81 / P.E. BrydenPart 3: Shaping Patriation: Law, Political Vision, Political Actors, and Political Struggle6 Law, Politics, and the Patriation Reference of 1981 / Philip Girard7 The Judiciary in Trudeau’s Constitutional Vision: Intellectual Trajectory and Origins of the Charter / David Schneiderman8 More Distress than Enchantment: The Constitutional Negotiations of November 1981 Seen from Quebec / Guy Laforest and Rosalie Readman9 Tracking Justice: The Constitution Express to Section 35 and Beyond / Louise Mandell and Leslie Hall Pinder10 “28 – Helluva Lot to Lose in 27 Days”: The Ad Hoc Committee and Women’s Constitutional Activism in the Era of Patriation / Marilou McPhedran, Judith Erola, and Loren BraulPart 4: The Political and Constitutional Consequences of Patriation11 Patriation and the Law of Unintended Consequences / Peter Russell12 Canadian Federalism since Patriation: Advancing a Federalism of Empowerment / Alain-G. Gagnon and Alex Schwartz13 An Indigenous Constitutional Paradox: Both Monumental Achievement and Monumental Defeat / Kiera Ladner14 The Sad but True Story of a Shrinking Equality Opportunity Structure / Alexandra DobrowolskyList of Contributors; Index

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Book SynopsisIn 1982, after decades of determined mobilization by Aboriginal groups and their allies, the government of Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use constitutionally enshrined group rights to protect and accommodate subnational groups within their borders. Decades later, however, almost no one is happy with the current state of Aboriginal rights in Canada, nor is there a consensus on what is wrong with these rights or how they can be fixed. Uncertain Accommodation tells the story of what went wrong.Dimitrios Panagos argues that the failure of Canada's Aboriginal rights jurisprudence is ultimately rooted in our inability to agree on what aboriginality means. Through incisive analysis of judicial decisions, legal submissions, and academic debates, he reveals the plurality of conceptions of aboriginality put forth over the past three decades and shows how the vision of AboriginalTrade ReviewThis book is highly recommended for professionals, scholars, and graduate students or simply for those interested in understanding how the state handles identity and group-related rights. -- E. Acevedo, California State University, Los Angeles * CHOICE *…Panagos succeeds in giving the intricate and controversial topic of aboriginality thorough treatment in a concise manner. Uncertain Accommodation generates interesting discussion that accommodates all readers, regardless of legal expertise … [This book] adds to the literature by providing a balanced and sophisticated analysis of where Canadian jurisprudence went wrong regarding the definition of Aboriginal rights, and what can be done to improve the situation. -- Braeden Pivnick * Saskatchewan Law Review *Table of ContentsIntroduction1 The Historical and Legal Framework for Section 352 Competing Approaches and Conceptualizations of Aboriginality 3 The Case for a Relational Approach4 The Nation-to-Nation, Colonial, and Citizen-State Approaches5 Submissions to the Court6 What the Justices Said7 Aboriginal Rights Jurisprudence and Identity Contestation8 A Problematic Conception of RightsConclusionNotesReferencesIndex

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Book SynopsisIn 1982, after decades of determined mobilization by Aboriginal groups and their allies, the government of Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use constitutionally enshrined group rights to protect and accommodate subnational groups within their borders. Decades later, however, almost no one is happy with the current state of Aboriginal rights in Canada, nor is there a consensus on what is wrong with these rights or how they can be fixed. Uncertain Accommodation tells the story of what went wrong.Dimitrios Panagos argues that the failure of Canada's Aboriginal rights jurisprudence is ultimately rooted in our inability to agree on what aboriginality means. Through incisive analysis of judicial decisions, legal submissions, and academic debates, he reveals the plurality of conceptions of aboriginality put forth over the past three decades and shows how the vision of AboriginalTrade ReviewThis book is highly recommended for professionals, scholars, and graduate students or simply for those interested in understanding how the state handles identity and group-related rights. -- E. Acevedo, California State University, Los Angeles * CHOICE *…Panagos succeeds in giving the intricate and controversial topic of aboriginality thorough treatment in a concise manner. Uncertain Accommodation generates interesting discussion that accommodates all readers, regardless of legal expertise … [This book] adds to the literature by providing a balanced and sophisticated analysis of where Canadian jurisprudence went wrong regarding the definition of Aboriginal rights, and what can be done to improve the situation. -- Braeden Pivnick * Saskatchewan Law Review *Table of ContentsIntroduction1 The Historical and Legal Framework for Section 352 Competing Approaches and Conceptualizations of Aboriginality 3 The Case for a Relational Approach4 The Nation-to-Nation, Colonial, and Citizen-State Approaches5 Submissions to the Court6 What the Justices Said7 Aboriginal Rights Jurisprudence and Identity Contestation8 A Problematic Conception of RightsConclusionNotesReferencesIndex

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Book SynopsisSince 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. Trade Review"Larry Savage and Charles Smith in Unions in Court: Organized Labour and the Charter of Rights and Freedoms provide a lively and illuminating account of the evolution of Canadian labour law[…]" -- Braham Dabscheck * Industrial Relations / Relations industrielles *Unions in Court is a key account of a vital piece of Canadian history and is a must-read for anyone involved in labour law. It should find its way into public, academic, courthouse, and government libraries, and, of course, the collection of any private firm with a labour department. -- Ken Fox, Reference Librarian, Law Society of Saskatchewan Library * Canadian Law Library Review *Table of ContentsIntroduction: Law, Workers, and Courts1 Labour Rights in the Pre-Charter Era2 Disorganized Labour and the Charter of Rights3 Canadian Labour and the First Era of Charter Challenges4 A Legal Response to Neoliberalism5 The Possibilities and Limitations of Constitutional Labour Rights6 A New Era of Constitutional Labour RightsConclusion: Which Way Forward?Notes; References; Index

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Book SynopsisSince 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. Trade Review"Larry Savage and Charles Smith in Unions in Court: Organized Labour and the Charter of Rights and Freedoms provide a lively and illuminating account of the evolution of Canadian labour law[…]" -- Braham Dabscheck * Industrial Relations / Relations industrielles *Unions in Court is a key account of a vital piece of Canadian history and is a must-read for anyone involved in labour law. It should find its way into public, academic, courthouse, and government libraries, and, of course, the collection of any private firm with a labour department. -- Ken Fox, Reference Librarian, Law Society of Saskatchewan Library * Canadian Law Library Review *Table of ContentsIntroduction: Law, Workers, and Courts1 Labour Rights in the Pre-Charter Era2 Disorganized Labour and the Charter of Rights3 Canadian Labour and the First Era of Charter Challenges4 A Legal Response to Neoliberalism5 The Possibilities and Limitations of Constitutional Labour Rights6 A New Era of Constitutional Labour RightsConclusion: Which Way Forward?Notes; References; Index

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Book SynopsisCanadian public schools have long been entrusted with the mandate of socializing children. Yet this duty can rest uneasily alongside religious diversity questions.Grounding its analysis in three seminal Supreme Court cases involving religion in schools, Religious Diversity in Canadian Public Schools reveals legal processes that are unduly linear, compressing multidimensional conversations into an oppositional format and stripping away the voices of children themselves. Dia Dabby contends that schools are in fact microsystems worthy of their own consideration, and with the power to construct their own rules and relationships.This compelling work connects many of the themes that have animated public discourse since multiculturalism was officially enacted in Canada. Situating its analysis in relation to concepts of nation, education, and diversity, Religious Diversity in Canadian Public Schools encourages a deeper conversation about how religion is mediaTable of ContentsIntroduction1 Everyday Law in Schools2 Litigation about Religion and Education: On (Un)Heard Voices3 Mediating Religious Diversity in Public Schools4 The Administrative Governance of Public Schools5 Relations of Belonging in Education to Mediate DiversityConclusionNotes; Bibliography; Index

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Book SynopsisThis book, the second in the Landmark Cases in Canadian Law series, argues that in subsequent, post-Hunter v Southam decisions, the Supreme Court of Canada has strayed from the principles set out in that case, which were intended to protect the privacy of citizens from encroaching state power.Trade Review…it provides a thoughtful, critical counterpoint to those more practical texts. Academic and judicial libraries as well as prosecution departments and criminal law firms will find it to be a useful addition to their collections. -- Melanie Bueckert, Legal Research Counsel, Manitoba Court of Appeal * Canadian Law Library Review *Table of ContentsIntroduction1 Dickson’s Decision: The Supreme Court as Guardian of the Constitution2 The Threshold Test: A Reasonable Expectation of Privacy3 Lowering the Bar: The Supreme Court’s Failure to Maintain the Hunter Standard4 Expanding Search Powers: Search Incident to Arrest and Exigent CircumstancesConclusionAppendix: A Note on the EvidenceNotes; Bibliography; Index of Cases; Index

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Book SynopsisThis book, the second in the Landmark Cases in Canadian Law series, argues that in subsequent, post-Hunter v Southam decisions, the Supreme Court of Canada has strayed from the principles set out in that case, which were intended to protect the privacy of citizens from encroaching state power.Trade Review…it provides a thoughtful, critical counterpoint to those more practical texts. Academic and judicial libraries as well as prosecution departments and criminal law firms will find it to be a useful addition to their collections. -- Melanie Bueckert, Legal Research Counsel, Manitoba Court of Appeal * Canadian Law Library Review *Table of ContentsIntroduction1 Dickson’s Decision: The Supreme Court as Guardian of the Constitution2 The Threshold Test: A Reasonable Expectation of Privacy3 Lowering the Bar: The Supreme Court’s Failure to Maintain the Hunter Standard4 Expanding Search Powers: Search Incident to Arrest and Exigent CircumstancesConclusionAppendix: A Note on the EvidenceNotes; Bibliography; Index of Cases; Index

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Book SynopsisThis comprehensive analysis of the legally complex relationship between religion and public schools will compel readers to reconsider the role of law in education.Table of ContentsIntroduction1 Everyday Law in Schools2 Litigation about Religion and Education: On (Un)Heard Voices3 Mediating Religious Diversity in Public Schools4 The Administrative Governance of Public Schools5 Relations of Belonging in Education to Mediate DiversityConclusionNotes; Bibliography; Index

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Book SynopsisConstitutionalizing Criminal Law explains why the Supreme Court of Canada's jurisprudence considering the constitutionality of criminal laws fails to strike a principled balance between the need to increase the coherency of the criminal law while maintaining the legitimacy of judicial review.Table of Contents1 Choosing among Rights2 Principles of Criminal Law Theory3 Principles of Instrumental Rationality4 Enumerated Principles of Criminal Justice5 A Normative Approach to Constitutionalizing Criminal Law6 Lessons from the Canadian ExperienceNotes; Bibliography; Index

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Book SynopsisFour decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change.This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada's constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, CoTable of ContentsIntroduction: Complex Legacies: The Promise, Challenges, and Impact of the Constitution Act, 1982 / Emmett Macfarlane and Kate Puddister Part 1: Institutional Relationships 1 The Political Purposes of the Charter: Four Decades Later / Mark S. Harding 2 Revisiting Judicial Activism / Emmett Macfarlane 3 Revisiting the Charter Centralization Thesis / Gerald Baier 4 Autochthony and Influence: The Charter’s Place in Transnational Constitutional Discourse / Mark Tushnet 5 It Works in Practice, but Does It Work in Theory? Accepting the Canadian Charter of Rights and Freedoms as a National Symbol / Andrew McDougall 6 Charter Talk: How Canadian Media Cover Rights and Politics / Erin Crandall, Andrea Lawlor, and Kate Puddister 7 Notwithstanding the Media: Section 33 of the Charter after Toronto v Ontario / Dave Snow and Eleni Nicolaides Part 2: Charter Rights 8 Policing Partisan Self-Interest? The Charter and Election Law in Canada / Tamara A. Small 9 The Most Important Charter Right? The Rise and Future of Section 7 / Matthew Hennigar 10 Sex Work, Abjection, and the Constitution / Brenda Cossman 11 Carter Compliance: Litigating for Access to Medical Assistance in Dying in Canada / Eleni Nicolaides 12 The Charter and the RCMP / Kent Roach 13 The Charter of Whites: Systemic Racism and Critical Race Equality in Canada / Joshua Sealy-Harrington 14 Canada’s Sex Problem: Section 15 and Women’s Rights / Kerri A. Froc 15 Quebec and the “Sign Law” Thirty Years after Ford and Devine: Ford Construit Solide / James B. Kelly 16 Language Rights and the Charter: Forging the Next Forty Years / Stéphanie Chouinard 17 The Provincial Courts of Appeal and Section 24(2) of the Charter / Lori Hausegger, Danielle McNabb, and Troy Riddell Part 3: Reconciliation 18 Canadians’ Homeland Has Changed since Patriation Brought the Constitution Home / Peter H. Russell 19 Indigenous Rights and the Constitution Act, 1982: Forty Years On and Still Fishing for Rights / Jeremy Patzer and Kiera Ladner 20 Using the Master’s Institutional Instruments to Dismantle the Master’s Goal of Indigenous-Rights Certainty / Rebecca Major and Cynthia Stirbys 21 Beyond Consultation: A Research Agenda to Investigate Partnerships and Comanagement in Land Governance / Minh Do 22 Indigenous Sovereignty, Canadian Constitutionalism, and Citizens Plus: The Unended Quest of Canada’s Original Hedgefox / Samuel V. LaSelva Part 4: Constitutional Change 23 The Invisible Transformation of Canada’s Constitutional Amendment Rules / Richard Albert 24 Still Not Cheering: Understanding Quebec’s Perspective on 1982 / Félix Mathieu and Dave Guénette 25 Cracks in the Foundation: The Crown and Canada’s Constitutional Architecture / Philippe Lagassé 26 The Urban Gap / Ran Hirschl Index

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Book SynopsisJudging Sex Work argues that a decision widely considered to be a victory for social justice weakened sex workers' rights far more than it strengthened them.

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Book SynopsisJudging Sex Work argues that a decision widely considered to be a victory for social justice weakened sex workers' rights far more than it strengthened them.

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Book SynopsisProblems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called originalism. The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a living Constitution that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appelTrade ReviewIn their new book, Lawrence Solum and Robert Bennett build state-of-the-art cases for the two main schools of constitutional interpretation. Each contributes a generous essay presenting the merits of his own approach and offering a thoughtful rebuttal to the other's argument. If you’ve been seeking a concise introduction to the central debate in American constitutional theory, this is the book for you. -- Gerald J. Russello * City Journal *Solum and Bennett have produced a valuable book, particularly for students unfamiliar with the originalism versus 'living Constitution' debate and the literature it has spawned.... Rather than rehash their theoretical differences, the debaters thoughtfully weigh each other's arguments and acknowledge common ground, particularly regarding the limits of originalism in times of political or moral crisis and, more generally, the use of precedent in judicial interpretation.... This is an excellent resource; it includes an outstanding bibliography, and the authors discuss most of the true classics and key scholars in the field of constitutional interpretation. Summing up: Highly recommended. * Choice *Table of ContentsPrefaceWe Are All Originalists Now Lawrence B. Solum What Is Originalism? Should We Be Originalists? Originalism and Living ConstitutionalismOriginalism and the Living American Constitution Robert W. Bennett Originalism and Living Constitutionalism Wrestling with the Troubles of Originalism Implications for Living Constitutionalism Living with a Living Constitution The Failure of Originalism as RestraintLiving with Originalism A Response by Lawrence B. Solum Can Original Meaning Constrain? The Levels-of-Generality Pseudoproblem The Role of Values in Constitutional Construction Dead Hands Transitions and Precedent Original Intent Revisited Originalism and PoliticsAre We All Living Constitutionalists Now? A Response by Robert W. Bennett The Interpretive Role of Nonoriginalism in Solum's Scheme Extent of Liveliness in Solum's Constitutional Law and Bennett’s Normative Choices in Interpretation Ordinary or Technical Meaning The Limits of Constraint Based on LanguageNotes Suggested Readings Index

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Book SynopsisThe White Earth Nation of Anishinaabeg Natives ratified in 2009 a new constitution, the first indigenous democratic constitution, on a reservation in Minnesota. This volume includes the text of the Constitution of the White Earth Nation; an introduction by David E. Wilkins; an essay by Gerald Vizenor; and articles first published in Anishinaabeg Today by Jill Doerfler.Trade Review"[The White Earth Nation provides] a compelling behind-the-scenes perspective on the creation of the White Earth constitution that will be instructive to anyone who is interested in the perplexing but always stimulating topic of indigenous self-government. Few issues are more significant to residents of the Great Plains and the American West."—Mark R. Scherer, Annals of IowaTable of Contents1. Sovereignty, Democracy, Constitution: An Introduction David E. Wilkins2. Constitutional Consent: Native Traditions and Parchment Rights Gerald Vizenor3. The Constitution of the White Earth Nation 4. A Citizen's Guide to the White Earth Constitution: Highlights and Reflections Jill DoerflerBibliography List of Contributors

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Book SynopsisWhat would America's Constitutions have looked like if each generation wrote its own?Trade Review"A fascinating work of counterfactual history. Breslin offers consistently fruitful insights that are not only stimulating, but also edifying about the political controversies that have raised deep questions about the adequacy of the existing Constitution."—Sanford Levinson, coauthor of Fault Lines in the Constitution"This remarkably creative and daring book is a work of deep scholarship and imagination. The result is an illuminating and thought-provoking survey of American constitutional history and ideas. A pleasure to read, and a rewarding exploration of the constitutional words that have been and that might have been."—Keith E. Whittington, Princeton University"A lively, riveting act of political imagination. In telling of an alternative American constitution-making process, one in which sequential constitutional conventions had addressed national disputes over issues such as slavery, suffrage, and labor rights, Breslin ably contends that the current reverence for – coupled with a near-total disengagement from – the founding document has it all wrong. And in bringing to life two centuries of constitutional actors and debates, he boldly invites us to step in and reclaim a process and core values that are anything but imaginary."—Dahlia Lithwick, Senior Legal Correspondent, Slate"Beau Breslin takes readers on a fascinating, richly informed, and highly instructive thought experiment. What if Americans had rewritten their constitution every generation, as Jefferson suggested they should? Imagining what might have been can help all to see more clearly what might yet be today."—Rogers M. Smith, University of Pennsylvania"Entertaining, instructive, and learned, Breslin's creative narratives brim with analytical and historical detail that explain the workings of the U.S. Constitution and Constitutional framing. His work will educate and excite readers at every level who are interested in the Constitution's force, function, and future." -- Thomas J. Davis * Library Journal starred review *Table of Contents1. 1787: An Introduction 2. 1825 3. 1863 4. 1903 5. 1953 6. 2022

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Book SynopsisThe Street Politics of Abortion uses three Supreme Court cases to consider the rise and fall of clinic-front anti-abortion protests in the 1980s and 1990s, and illustrates how these conflicts influenced the contemporary form of reproductive politics and the greater New Christian Right.Trade Review"The Street Politics of Abortion adds much to our understanding of dissent, abortion, politics, and the evolution of new Christian conservative leaders, institutions, and tactics." -- Laura R. Woliver * Tulsa Law Review *"[The events of the American anti-abortion movement] are the subject of Joshua C. Wilson's book, The Street Politics of Abortion, and involve the intersection of four topics: political movements that involve litigation; anti-abortion activism; First Amendment doctrine and judicial decision making; and legal consciousnes, in particular the evolving view of law of various elite and non-elite actors. This combination makes for rich and fascinating subject of study and promises Wilson's book a wide audience . . . Wilson lets the various actors speak for themselves. As a result, the reader gets a good sense of the motivation and thinking of the activists on both sides." -- James Daniel Fisher * The Law and Politics Book Review *"Beautifully written and tremendously accessible, The Street Politics of Abortion offers new insight into how lawyers—especially those assigned to cases rather than taking them as part of their political commitments—understand their role as trial lawyers and social movement actors. This excellent book is analytically important, methodologically innovative, and breaks new ground in the study of social movements, legal consciousness, and the first amendment." -- Laura Beth Nielsen * Northwestern University, American Bar Foundation, author of License to Harass: Law, Hierarchy, and Offensive Public Speech *"On about as hot a subject as a scholar can take on, Joshua Wilson has sensitively and exhaustively shown how activists' 'stories' about the law shape the everyday politics of abortion. Blending political science and sociology, this is modern legal scholarship at its very best." -- Steven Teles * Johns Hopkins University, author of The Rise of the Conservative Legal Movement *"Joshua Wilson shows how the interactions of protesters at abortion clinics and their legal defeats actually helped to institutionalize the anti-abortion movement. This important new work on abortion politics greatly advances our understanding of movement/countermovement dynamics and the power of law." -- Suzanne Staggenborg * University of Pittsburgh *

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Book SynopsisThe Street Politics of Abortion uses three Supreme Court cases to consider the rise and fall of clinic-front anti-abortion protests in the 1980s and 1990s, and illustrates how these conflicts influenced the contemporary form of reproductive politics and the greater New Christian Right.Trade Review"The Street Politics of Abortion adds much to our understanding of dissent, abortion, politics, and the evolution of new Christian conservative leaders, institutions, and tactics." -- Laura R. Woliver * Tulsa Law Review *"[The events of the American anti-abortion movement] are the subject of Joshua C. Wilson's book, The Street Politics of Abortion, and involve the intersection of four topics: political movements that involve litigation; anti-abortion activism; First Amendment doctrine and judicial decision making; and legal consciousnes, in particular the evolving view of law of various elite and non-elite actors. This combination makes for rich and fascinating subject of study and promises Wilson's book a wide audience . . . Wilson lets the various actors speak for themselves. As a result, the reader gets a good sense of the motivation and thinking of the activists on both sides." -- James Daniel Fisher * The Law and Politics Book Review *"Beautifully written and tremendously accessible, The Street Politics of Abortion offers new insight into how lawyers—especially those assigned to cases rather than taking them as part of their political commitments—understand their role as trial lawyers and social movement actors. This excellent book is analytically important, methodologically innovative, and breaks new ground in the study of social movements, legal consciousness, and the first amendment." -- Laura Beth Nielsen * Northwestern University, American Bar Foundation, author of License to Harass: Law, Hierarchy, and Offensive Public Speech *"On about as hot a subject as a scholar can take on, Joshua Wilson has sensitively and exhaustively shown how activists' 'stories' about the law shape the everyday politics of abortion. Blending political science and sociology, this is modern legal scholarship at its very best." -- Steven Teles * Johns Hopkins University, author of The Rise of the Conservative Legal Movement *"Joshua Wilson shows how the interactions of protesters at abortion clinics and their legal defeats actually helped to institutionalize the anti-abortion movement. This important new work on abortion politics greatly advances our understanding of movement/countermovement dynamics and the power of law." -- Suzanne Staggenborg * University of Pittsburgh *

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