Full Description
Rights and Parliamentary Systems in Canada and Beyond brings together political scientists and legal scholars to explore rights and their limitations, along with the governmental and legislative processes affecting them, within Canada's parliamentary system. It also examines how these elements shape broader institutional relationships under the Canadian Charter of Rights and Freedoms and in comparative perspective.
This interdisciplinary volume offers valuable, in-depth analyses of timely issues, cases, and controversies involving rights and institutional dynamics. The book employs an array of methods, including legal analysis, qualitative case studies, content analysis, legal theory, research interviews, and policy analysis.
With a forward-looking perspective, Rights and Parliamentary Systems in Canada and Beyond investigates how rights-based processes influence specific policies and offers new insights into the framing of rights, including administrative law and Aboriginal treaty rights during the COVID-19 pandemic. It also explores how aspects of parliamentary democracy affect governments, legislators, and the public. The book ultimately reveals how the institutional relationships at stake operate to protect - or fail to protect - rights in relation to government policy objectives.
Contents
Introduction: Governing with Rights
Emmett Macfarlane
1. Rights and the Law's Progressive Measures
Grégoire Webber
2. An Honourable Parliament? Section 35 and Legislative Rights Review
Minh Do
3. Limiting Charter Rights: Judicial Review in the Administrative Context
Gwyneth E. Bergman
4. Before We Go to War: Human Rights and the Prerogative Power
George Williams and Winsome Hall
5. A Culture of Rights or Governing like Judges?: Assessing the Trudeau Government's Use of Charter Statements
Brendan Dell and Mark S. Harding
6. The Notwithstanding Clause and National Unity in a Time of Interculturalism
Andrew McDougall
7. Rights Talk and the COVID-19 Pandemic
Nancy Hills and Emmett Macfarlane
8. The Political Changes and Challenges to Third Party Election Advertising in Canada
Andrea Lawlor and Erin Crandall
9. Understanding the Pre-Election: An Analysis of Third Party Spending in the 2019 Federal Election
Tamara A. Small
10. Courts and Parliament: Defining Police Powers
Troy Riddell
11. Consequences of Weak Parliamentary Rights Review: A Study of Harper-Era Mandatory Minimum Sentencing
Brendan Dell and Kate Puddister
12. Enhancing Legislative Review: A New Voice for the Legislature
Chris McCorkindale and Janet Hiebert
Contributors
Selected Bibliography
Index
