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“Race,” Rights and the Law in the Supreme Court of Canada
Drawing on four cases relating to race between 1914 and 1955, Walker (history, U. of Waterloo) explores the role of the Canadian Supreme Court and the law in racializing Canadian society. He demonstrates that the justices were expressing the prevailing common sense in their legal decisions, and argues that the law has created the conditions for the country's chronic racism. He projects past and current trends into the future. Co-published by the Osgoode Society for Canadian Legal History. Canadian card order number: C97-931762-2. Annotation copyrighted by Book News, Inc., Portland, OR
The Copyright Pentalogy
In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyr...
Governing from the Bench
In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
The Supreme Court of Canada and its Justices 1875-2000
A commemoration of two significant dates, The Supreme Court of Canada and its Justices is also a colourful portrait and an indispensable reference book. A bilingual co-publication of Dundurn Press and the Supreme Court of Canada, the book contains biographies, with portraits or photographs, of every Justice appointed to the Court since its inception. The Supreme Court of Canada and its Justices also features a preface by Chief Justice Beverley McLachlin and a history of the Court by former Chief Justice Antonio Lamer. A succession list and a selected bibliography are included for researchers. A key section of the book deals with the Court’s distinguished building, which was designed by renowned architect Ernest Cormier. Written by Professor Isabelle Gournay of the University of Maryland and France Vanlaethem of the Universite du Quebec a Montreal, this section is illustrated with Cormier’s own watercolours and drawings, as well as current photographs. The Supreme Court of Canada and its Justices is a fitting commemoration of the Supreme Court’s 125 years and its fiftieth year as the court of last resort in Canada.
Truth Be Told
INSTANT NATIONAL BESTSELLER *Indigo Top 10 of the Year* Former Chief Justice of the Supreme Court of Canada Beverley McLachlin offers an intimate and revealing look at her life, from her childhood in the Alberta foothills to her career on the Supreme Court, where she helped to shape the social and moral fabric of the country—for readers of Educated and Becoming. From a very early age, all I knew was that I wanted to do something that was not ordinary. Because, for a girl growing up in a remote prairie town in the 1940s, the ordinary was very ordinary indeed. Beverley McLachlin has led an extraordinary life. One of the few women studying law in the 1960s, she graduated at the top of her cla...
Brian Dickson
Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period.
Ethical Principles for Judges
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Power Without Law
The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.
Aboriginal Law
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