Charting the consequences : the impact of charter rights on Canadian law and politics

Type
Book
ISBN 10
0802071813 
ISBN 13
9780802071811 
LCCN
KF4483.C519 
DDC
342.71 
Category
Canadian Legal History  [ Browse Items ]
Publication Year
1997 
Pages
355 
Abstract
"In 1990 Supreme Court Justice Bertha Wilson proclaimed that the Canadian Charter of Rights 'is and must continue to be a vital force in molding the lives of Canadians.' In this collection of original essays commissioned by the Centre for Constitutional Studies, University of Alberta, legal and political scholars evaluate the impact of the Charter on life in Canada since 1982." "Other works have focused on the jurisprudence of the Charter - its internal coherence or its implications for the role of courts. Charting the Consequences considers 'externalities' - the effect of the Charter and its jurisprudence on non-constitutional aspects of the law and on the dynamics of legislative power, provincial politics, and social movements. Specific contexts are examined, including certain provinces, economic rights, taxation, First Nations, sexual orientation, social movements, private law, access to justice, and political science. Patterns become manifest across contexts. First, the editors identify three strata of actors in society - ranging from the most powerful to the least powerful - who are affected by the Charter in differing degrees. Second, they expose how the actors' influences on Charter interpretation are determined, in some measure, by the magnitude of their social and political power." "Charting the Consequences offers a fresh perspective on the Charter. It will generate new thinking and scholarship among lawyers, political scientists, and public policy makers."--Jacket. 
Description
Contents:
The impact (real or apprehended) of the Canadian Charter of Rights and Freedoms on the legislative authority of Quebec / Yves De Montigny -- Infertile soil? sowing the charter in Alberta / Ian Urquhart -- Business, economic rights, and the charter / Richard W. Bauman -- The impact of the Canadian Charter of Rights and Freedoms on income tax law and policy / Kathleen A. Lahey -- Contemporary traditional equality: the effect of the Charter on First Nations Politics / John Borrows -- The good, the bad, and the smugly: sexual orientation and perspectives on the charter / Didi Herman -- Rights, nationalism, and social movements in Canadian constitutional politics / Joel Bakan, Michael Smith -- The new equality paradigm: the impact of charter equality principles on private law decisions / Kate Sutherland -- The charter and access to justice in Canada / Mary Jane Mossman -- The charter and mainstream political science: waves of practical contestation and changing theoretical currents / Alexandra Dobrowolsky -- Conclusion: towards an understanding of the impact of the Charter of Rights on Canadian Law and Politics / David Schneiderman, Kate Sutherland. 
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