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Full Description
The Canadian Charter of Rights and Freedoms became an entrenched part of the Canadian Constitution on April 17, 1982. The Charter represented a significant change in Canadian constitutional order and carried the courts, and the Supreme Court in particular, decisively into some of the biggest controversies in Canadian politics. Although the impact of the Charter on Canadian law and society was profound, a new status quo has been established. Even though there will be future Charter surprises and decisions that will claim news headlines, Peter J. McCormick argues that these cases will be occasional rather than frequent, and that the Charter "revolution" is over. Or, as he puts it in his introduction, "I will tell a story about the Charter, about the big ripples that have gradually but steadily died away such that the surface of the pond is now almost smooth."
The End of the Charter Revolution explores the Canadian Charter of Rights and Freedoms, beginning with a general historical background, followed by a survey of the significant changes brought about as Charter decisions were made. The book addresses a series of specific cases made before the Dickson, Lamer, and McLachlin Courts, and then provides 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
List of Illustrations
Acknowledgements
Introduction
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
Conclusion
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
Conclusion
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
Conclusion
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
Conclusion
Conclusion
Cases Cited
Bibliography
Index
