Canadian Politics & Government In The Charter Era

Item Information
Item#: 9780195447286
Edition 02
Author Macivor, Heather
Cover Paperback

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