Author(s)

;

Publication Year

Publisher

ISBN: 9781552212141

Categories: , ,

 
View more details about this title
on the publisher's website:

Public Law at the McLachlin Court

The First Decade

Beverley McLachlin was sworn in as the seventeenth Chief Justice of Canada on 7 January 2000. This book focuses on constitutional and administrative law decisions rendered in the first decade of the McLachlin Court. It includes contributions in both English and French from leading scholars who examine the Court’s legacy in areas such as federalism, Aboriginal rights, Charter rights such as equality and freedom of association, criminal law, and public international law. The book provides authoritative insight into the many important judgments that helped to define or redefine the Canadian legal landscape in the first decade of the 21st century as well as glimpse into what Canadians might expect from our highest Court in the years ahead.

Contributors

David A. Wright

David A. Wright is Associate Chair, Human Rights Tribunal of Ontario. He completed his L.L.B. and B.C.L. at McGill University and  his L.L.M. at New York University. He articled as law clerk to Madame Justice Claire L'Heureux-Dubé of the Supreme Court of Canada. Mr. Wright practiced labour, administrative, human rights law, and civil litigation at a Toronto law firm and appeared as counsel before various administrative tribunals and all levels of courts. He taught administrative law at Osgoode Hall Law School as an adjunct professor and is the author of several law journal articles on administrative, labour, and constitutional law. He is the past chair of the Constitutional, Civil Liberties and Human Rights section of the Ontario Bar Association and a frequent speaker on human rights, administrative law, and labour law.

Adam M. Dodek

Adam Dodek, B.A. (McGill) J.D. (Harvard), L.L.M. (Toronto) is Associate Professor at the Faculty of Law, Common Law Section, University of Ottawa where he teaches Public Law and Legislation, Torts and  Legal Ethics and Professional Responsibility. He is a member of the bars of  Ontario and California.

Chapter Title Contents Contributors Pages Year Price

View

The Rt. Hon. Beverley McLachlin, P.C. gives her perspective on her first decade as chief justice of the Supreme Court of Canada. 10 $1.00

View

The introduction lays out the focus and structure of the book. ; 6 $0.60

View

In the past few years, the Supreme Court of Canada has demonstrated a remarkable willingness to review its own decisions and to reach new results. In reviewing the Court’s decisions during … 16 $1.60

View

With the use of statistics, this article reflects on and asks questions about how to best understand the opinions taken by Beverley McLachlin C.J. in the body of judgments rendered by the Supreme … ; ; 15 $1.50

View

The McLachlin Court has turned to procedural justice as a wellspring for solving difficult disputes in a variety of contexts. In this brief article, the author examines three such contexts: (1) … 22 $2.20

View

The first decade of the McLachlin Court has certainly produced more than its share of engagement and turmoil over the issue of standard of review. In part, the confusion that manifested itself … 36 $3.60

View

The question that arises is whether and how the Supreme Court’s procedural fairness jurisprudence has provided guidance to administrative tribunals, enabling them to justify, or legitimize, … 30 $3.00

View

With her appointment as chief justice, Madame Justice McLachlin inherited one of the most exasperating analytical tangles in modern public law. When an alleged Charter violation occurs as a … ; 19 $1.90

View

The past fifty years of division of powers jurisprudence has been more about the doctrines and methods of analysis of legal federalism—pith and substance, double aspect, ancillary powers, … 33 $3.30

View

This paper focuses on the issue that runs through much of the Aboriginal jurisprudence over the last ten years: the idea of “reconciliation.” This term is evoked as a norm in … 33 $3.30

View

The Aboriginal jurisprudence of the McLachlin Court encourages governments and Aboriginal communities to reach negotiated solutions to land and harvesting disputes without resort to litigation. … ; 22 $2.20

View

The thesis defended here is that during the McLachlin years, the Supreme Court has conceptualized freedom of religion very much as its predecessors did—that is, an idea shaped by its … 17 $1.70

View

The Law case has been highly criticized by numerous legal academics for requiring plaintiffs to prove a breach of human dignity in section 15 equality rights cases under the Charter. In Kapp, … 26 $2.60

View

In the British Columbia Health Services case, the Supreme Court of Canada surprised the labour law community by dramatically reversing twenty years of entrenched jurisprudence. Ever since the … 24 $2.40

View

This chapter is a review of the Court’s major rulings on substantive law, police powers, trial procedure, and evidence. Many are the Court’s major pronouncements as guardians of the … 61 $6.10

View

This chapter reviews significant developments in the McLachlin Court’s understanding of the relationship between international and Canadian law in four distinct areas, two in each of the … 37 $3.70