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The end of the Charter revolution : looking back from the new normal

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    Certified Accessible By: National Network for Equitable Library Service
    Running Time: 14:56 hrs
    Narrator: Mark Demeda
    Publisher:
    Center for Equitable Library Access, 2024

Details:

  • Author: McCormick, Peter
    Date:
    Created
    2024
    Summary:

    The End of the Charter Revolution explores the Canadian Charter of Rights and Freedoms, beginning with a general background history, followed by a survey of the significant changes brought about as Charter decisions were made. The book covers a series of specific cases made before the Dickson, Lamer, and McLachlin Courts, before providing empirical data to support the argument that the Charter revolution has ended. The Supreme Court has without question become "a national institution of the first order," but even though the Charter is a large part of why this has happened, it is not Charter decisions that will showcase the exercise of this power in the future.

    Contents:
    • 1. Towards the Charter. False Dawn: The Supreme Court in the 1950s
    • False Start: The Bill of Rights
    • The Bill of Rights as Fumbled Opportunity Preparing the Revolution: Transforming the Court
    • Accomplishing the Revolution: Entrenching the Charter. 2. Interpreting the Charter. Modes of Constitutional Interpretation
    • Interpreting the Bills of Rights Conclusion: Interpreting Constitutions, Interpreting Rights. 3. The Dickson Court: The Charter Framed. The Dickson Court and the Charter: The "First Five"
    • Following Up
    • The Blockbuster: Morgentaler
    • The Odd One Out: The Labour Trilogy. 4. The Lamer Court: The Charter Expanded. The Lamer Court and Gay Rights
    • The Lamer Court and Equality Rights
    • The Lamer Court and Free Speech or Obscenity
    • The Lamer Court and Judicial Independence
    • The Lamer Court and Charter
    • Remedies: The Expanding Repertoire
    • Charter Remedies: Retroactive Invalidity
    • Charter Remedies: Declaration
    • Charter Remedies: Adjusting the Legislation through Interpretation
    • Charter Remedies: Reading up and Reading in
    • Charter Remedies: Temporary Suspension of Invalidity
    • Charter Remedies: The Constitutional Exemption. 5. The McLachlin Court: The Charter Contained. The McLachlin Court: Substantive Issues under the Charter
    • Substantive Issues: Voting Rights
    • Substantive Matters: Extradition and the Death Penalty
    • Substantive Matters: Equality Rights
    • Substantive Matters: Freedom of Religion
    • Substantive Matters: Freedom of Association
    • Substantive Matters: Health Care
    • Substantive Matters: Freedom of Expression
    • Remedies under the Charter
    • Remedies: The Supervisory Order Option
    • Remedies under the Charter: Damages and Monetary Remedies
    • Remedies under the Charter: The Notion of Positive Rights. 6. The Charter by the Numbers. 1. Caseload Size and Its Components
    • 2. Frequency of Disagreement: Minority Reasons in Charter Cases
    • 3. Size and Content of Decisions
    • 4. "Swing" and "Contest" Judgements
    • 5. Judicial Citations, Age, and Precedential Replacement
    • 6. Citations of Dissents and Concurrences
    • 7. "Foreign" Citations
    • 8. Academic Citations.
    Genre:
    Canadian nonfiction, Law materials, History and geography
    Subject(s): Canadian Charter of Rights and Freedoms (Canada)
    Original Publisher: North York, Ontario, Canada : University of Toronto Press, 2014, Toronto, Ontario, CELA
    Language(s): English
    ISBN: 9781038466716, 1038466717