Canadian Politics & Government In The Charter Era

Item Information
Item#: 9780195447286
Edition 02
Author Macivor, Heather
Cover Paperback
On Hand 2
On Order 0
 


This updated second edition of Canadian Politics and Government in the Charter Era examines the Charter's origins and development as well as its past and present influence on legal decisions and public policy. Written in a straightforward, engaging style, this in-depth analysis encourages
students to become active, informed citizens while providing the foundation they need to further their studies of politics and law.

Table of Contents
Part I: Introduction
1. Charter 101
What Happened to the Charter of Rights?
What Is the Charter?
The Nature and Purposes of a Written Charter
The Content of the Charter
The Scope and Application of the Charter
2. The Origins and Development of the Charter
The Judicial Enforcement of Human Rights: From Federalism and the Common Law to the Charter
Judicial Protection of Human Rights in Canada: 1867-1960
The Judicial Committee of the Privy Council (1867-1949)
The Origins of the Charter
Was an Entrenched Charter Necessary?
Appendix: The 1960 Bill of Rights
Part II: The Courts and the Charter
3. The Supreme Court of Canada
Introduction: From Adjudication to Policy-Making
The Charter Era From Honeymoon to Hangover
The Supreme Court at Work
4. The Charter Goes to Court
The Structure of a Charter Challenge
Substantive Cases
Procedural Cases
Charter Remedies
Charter Remedies and the Controversy over Judicial Supremacy
5. The Policy Capacity of the Supreme Court of Canada
Extrinsic Evidence in Charter Cases
The Supreme Court and the News Media
The Judicial Appointment Process
Implementing Court Decisions
Conclusion: The Legitimacy of the Supreme Court in the Charter Era
Part III: The Charter and the Other Institutions of Government
6. Parliament and the Courts in the Charter Era
Parliament and the Legislative Process
The Evolving Relationship between Parliament and the Courts in the Charter Era
Parliament and the Courts in the Charter Era: Four Categories of Case
'Taking Rights Seriously'? The Charter's Impact on Law-Making in the House of Commons
7. The Executive Branch
The Federal Department of Justice: The Newest Central Agency
Judicial Review of Executive Orders and Regulations
Judicial Review of Administrative Acts
8. Interest Groups and the Charter
Interest Groups and the Courts
Charter Advocacy Groups and the Other Two Branches of Government
9. The Charter and Canadian Federalism
The Supreme Court and Federalism: Before and After 1982
The 'Centralizing Rights': Sections 6 and 23 of the Charter
The Charter's Indirect Effects on the Division of Powers
Part IV: The Charter's Impact on Public Policy
10. Fundamental Freedoms
Introduction
Section 2(a): Freedom of Conscience and Religion
Section 2(b): Freedom of Expression
Section 2(c): Freedom of Peaceful Assembly
Section 2(d): Freedom of Association
Conclusion: Fundamental Freedoms in the Charter Era
11. Democratic Rights
Introduction: The Unique Importance of Democratic Rights
The Right to Vote
The Right to Run for Public Office
The Constitutional Status of Political Parties and Candidates
The Other Democratic Rights
12. Legal Rights
Introduction
Section 7: The Right to Life, Liberty, and Security of the Person
Section 7: The Principles of Fundamental Justice
Section 8: Unreasonable Search and Seizure
Section 9: Arbitrary Detention and Imprisonment
Section 10: The Rights of an Accused in Police Custody
Section 11: The Right(s) to a Fair Trial
Section 12: Cruel and Unusual Treatment or Punishment
Section 13: Self-Incrimination
Section 14: The Right to an Interpreter in Court
13. Equality Rights
The Sources and Evolution of Section 15
The Scope of Section 15
The Evolving Meaning of Section 15(1)
Section 15(2): The Affirmative Action Clause
The Impact of Section 15 on Canadian Public Policy: The Same-Sex Marriage Debate
14. The Remaining Sections of the Charter
Sections 16-22: Minority Language Rights in Canada
Sections 27 and 28: Hollow Victories
Section 33: Is the 'Notwithstanding Clause' a Dead Letter?

Review Quotes
\"Compared with other texts I have used, this is among the most effective and accessible, in terms of style and readability.\"

--Bruce Foster, Mount Royal University

\"This is an excellent textbook, well-written and well-structured.\"

--Mojgan Rahbari, University of Ontario Institute of Technology