Welcome to our book review site go-pdf.online!
You may have to Search all our reviewed books and magazines, click the sign up button below to create a free account.
Constraining the Court
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
The Blueprint
In this collection, J.P. Lewis and Joanna Everitt bring together a group of up-and coming-political scientists as well as senior scholars to explore the recent history of the Conservative Party of Canada, covering the pre-merger period (1993-2003) and both the minority and majority governments under Prime Minister Stephen Harper. The contributors provide nuanced accounts about the experience of conservatives in Canada which reflect the contemporary evolution of Canadian politics in both policy and practice. They challenge the assumption that Harper's government was built upon traditional "toryism" and reveal the extent to which the agenda of the CPC was shaped by its roots to the Reform and Canadian Alliance Parties. Organized thematically, the volume delves into such topics as interest advocacy, ethno-cultural minorities, gender, the media, foreign policy, and more. The Blueprint showcases the renewed vigour in political studies in Canada while revealing the contradictory story of the modern Conservative Party.
Refugees Are (Not) Welcome Here
State-controlled refugee protection in Canada has gone through paradoxical developments in recent decades. While refugee rights have expanded, access to these rights has tightened. Previously unrecognized groups – such as women experiencing gender-based violence and LGBT populations – are now considered legitimate refugees. Yet, the implementation of stringent administrative measures has made it harder for refugees to secure protection. Refugees Are (Not) Welcome Here draws on archival and media sources, interviews, and organizational data to examine how refugee claims are administered within a complex and contradictory regime that maintains significant legal and bureaucratic silos. Azar...
Immigration and the Politics of Welfare Exclusion
Why do some governments try to limit immigrants' access to social benefits and entitlements while others do not? Through an in-depth study of Sweden, Canada, and the Netherlands, Immigration and the Politics of Welfare Exclusion maps the politics of immigrants' social rights in Western democracies. To achieve this goal, Edward A. Koning analyzes policy documents, public opinion surveys, data on welfare use, parliamentary debates, and interviews with politicians and key players in the three countries. Koning's findings are three-fold. First, the politics of immigrant welfare exclusion have little to do with economic factors and are more about general opposition to immigration and multicultura...
Judicializing Everything?
Nearly every common law jurisdiction in the world has adopted a charter or bill of rights. Yet adopting a new rights document creates, rather than resolves, many fundamental constitutional questions. Should constitutional rights be relevant in private disputes? Does every political question need a constitutional or judicial answer? Should courts and legislatures equally participate in addressing the scope of which issues are to be considered constitutional? Judicializing Everything? illustrates how debates surrounding these persistent judicial questions are best understood as part of an ongoing clash between distinct forms of constitutionalism on and off the bench. Mark S. Harding canvasses ...
Suing for Silence
Suing for Silence is a groundbreaking examination of how men accused of sexual violence use defamation lawsuits as a weapon to silence those who attempt to hold them accountable. As Mandi Gray demonstrates, Canadian defamation law helps perpetuate the myth that false allegations of sexual violence are common. Gray draws on media reports, courtroom observations, and interviews with silence breakers, activists, and lawyers to examine the societal and individual implications of so-called liar lawsuits. She argues that their purpose is not to achieve justice but to intimidate, silence, and drain the resources of those who speak out against sexual violence and even report their own assaults – and to discourage others from doing the same. This meticulous work reveals the gendered underpinnings of Canadian defamation law, which has long protected men’s reputations at the expense of women’s sexual autonomy. Sexual violence discourse must have adequate protection if it is to be heard.
The Independence of the Prosecutor
The establishment of the International Criminal Court was a singular, even revolutionary, achievement. Uniquely within the realm of international criminal justice, the ICC Prosecutor can initiate investigations independently of any state’s wishes. Why would sovereign states agree to such sweeping powers? The Independence of the Prosecutor draws on interviews with key participants to answer that question. Case studies of Canada and the United Kingdom, which supported prosecutorial independence, and the United States and Japan, which opposed it, demonstrate that state positions depended on the values and principles of those who wielded the most power in national capitals at the time. Appendices provide a record of the arguments made by state delegations in the negotiations that produced the institutional design of the Court. This astute investigation demonstrates that now, over twenty years after its establishment, the ICC’s innovative arrangement of having an independent prosecutor continues to move law and international criminal jurisprudence forward and directly combats impunity for mass atrocities.
Secrecy, Law and Society
Commentators have shown how a ‘culture of security’ ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation of powers, due process, and the rule of law, raising fundamental concerns about open justice, p...
Heenan Blaikie
In 1973, three young lawyers established Heenan Blaikie. It would become one of Canada’s highest-profile law firms, counting former prime ministers, premiers, and Supreme Court justices in its ranks. It was like a family, according to many who worked there. But it was a dysfunctional family. In 2014, the firm’s dramatic collapse became front-page news. Based on extensive interviews with firm lawyers and legal industry insiders, Heenan Blaikie is the story of a respected law firm that ultimately buckled under weak governance and management. Heenan Blaikie seemed to punch above its weight: bilingual, humane, national with international aspirations. But beneath its unique culture as a kinder, gentler law firm lay workplace bullying, challenges for women and visible minority lawyers, and sexual harassment. Adam Dodek, an unbiased outsider, situates the firm’s evolution within the context of a changing legal profession and society, producing an account that is gripping from beginning to end.
Health Care and the Charter
Since the introduction of the Canadian Charter of Rights and Freedoms in 1982, individuals and organizations have increasingly turned to the courts to try to bring about policy change in areas such as health care. Health Care and the Charter explores the systematic use of Charter litigation in the area of health care and the ultimate policy impact of the resulting judicial decisions. Christopher P. Manfredi and Antonia Maioni examine three of the most controversial Supreme Court decisions in recent years. Eldridge (1997) and Auton (2004) invited the Court to extend the scope of publicly funded services, while Chaouilli (2005) asked the Court to allow private health services. This book explores the paths that brought litigants to the Court, the arguments and evidence they mustered to support their positions, and the substance of the victory or defeat the Court provided them. The volume then assesses the ultimate impact of these cases in both policy and political terms.
