Canadian Politics and Government in the Charter Era

Paperback | August 2, 2012

byHeather Macivor

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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 encouragesstudents to become active, informed citizens while providing the foundation they need to further their studies of politics and law.

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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 encouragesstudents to become active, informed citizens whi...

Dr Heather MacIvor is associate professor of politics at the University of Windsor. She studied at the University of King's College, Queen's University, and the London School of Economics. She teaches courses in Canadian politics, women and politics, classical political theory, and political parties. Her research interests include the...

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Format:PaperbackDimensions:448 pages, 9 × 7 × 0.58 inPublished:August 2, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019544728X

ISBN - 13:9780195447286

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Table of Contents

Part I: Introduction1. Charter 101What Happened to the Charter of Rights?What Is the Charter?The Nature and Purposes of a Written CharterThe Content of the CharterThe Scope and Application of the Charter2. The Origins and Development of the CharterThe Judicial Enforcement of Human Rights: From Federalism and the Common Law to the CharterJudicial Protection of Human Rights in Canada: 1867-1960The Judicial Committee of the Privy Council (1867-1949)The Origins of the CharterWas an Entrenched Charter Necessary?Appendix: The 1960 Bill of RightsPart II: The Courts and the Charter3. The Supreme Court of CanadaIntroduction: From Adjudication to Policy-MakingThe Charter Era From Honeymoon to HangoverThe Supreme Court at Work4. The Charter Goes to CourtThe Structure of a Charter ChallengeSubstantive CasesProcedural CasesCharter RemediesCharter Remedies and the Controversy over Judicial Supremacy5. The Policy Capacity of the Supreme Court of CanadaExtrinsic Evidence in Charter CasesThe Supreme Court and the News MediaThe Judicial Appointment ProcessImplementing Court DecisionsConclusion: The Legitimacy of the Supreme Court in the Charter EraPart III: The Charter and the Other Institutions of Government6. Parliament and the Courts in the Charter EraParliament and the Legislative ProcessThe Evolving Relationship between Parliament and the Courts in the Charter EraParliament 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 Commons7. The Executive BranchThe Federal Department of Justice: The Newest Central AgencyJudicial Review of Executive Orders and RegulationsJudicial Review of Administrative Acts8. Interest Groups and the CharterInterest Groups and the CourtsCharter Advocacy Groups and the Other Two Branches of Government9. The Charter and Canadian FederalismThe Supreme Court and Federalism: Before and After 1982The 'Centralizing Rights': Sections 6 and 23 of the CharterThe Charter's Indirect Effects on the Division of PowersPart IV: The Charter's Impact on Public Policy10. Fundamental FreedomsIntroductionSection 2(a): Freedom of Conscience and ReligionSection 2(b): Freedom of ExpressionSection 2(c): Freedom of Peaceful AssemblySection 2(d): Freedom of AssociationConclusion: Fundamental Freedoms in the Charter Era11. Democratic RightsIntroduction: The Unique Importance of Democratic RightsThe Right to VoteThe Right to Run for Public OfficeThe Constitutional Status of Political Parties and CandidatesThe Other Democratic Rights12. Legal RightsIntroductionSection 7: The Right to Life, Liberty, and Security of the PersonSection 7: The Principles of Fundamental JusticeSection 8: Unreasonable Search and SeizureSection 9: Arbitrary Detention and ImprisonmentSection 10: The Rights of an Accused in Police CustodySection 11: The Right(s) to a Fair TrialSection 12: Cruel and Unusual Treatment or PunishmentSection 13: Self-IncriminationSection 14: The Right to an Interpreter in Court13. Equality RightsThe Sources and Evolution of Section 15The Scope of Section 15The Evolving Meaning of Section 15(1)Section 15(2): The Affirmative Action ClauseThe Impact of Section 15 on Canadian Public Policy: The Same-Sex Marriage Debate14. The Remaining Sections of the CharterSections 16-22: Minority Language Rights in CanadaSections 27 and 28: Hollow VictoriesSection 33: Is the 'Notwithstanding Clause' a Dead Letter?

Editorial Reviews

"This is an excellent textbook, well-written and well-structured." --Mojgan Rahbari, University of Ontario Institute of Technology