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Captive Court
Throughout his study, Bushnell investigates the question of the absence of an independent judicial tradition in Canada and the development of distinct legal doctrine by the Supreme Court. He analyses the nature and cause of the lack of independent thought that makes the Court "captive" to inherited traditions and legal doctrines and prevents it from achieving its true potential within the Canadian legal system. Previous studies of the Court have concentrated on the years after 1949; by expanding the coverage to include the first three-quarters of a century of the Court's existence, Bushnell has uncovered a critical aspect of Canadian legal history. Bushnell provides an analysis of more than ...
Rules of Court
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Canada's Trial Courts
One of the most important but least examined aspects of the Canadian judicial system is the dual structure of civil and criminal trial courts. Canada's Trial Courts examines the co-existence, in every province, of superior courts (presided over by federally appointed judges) and 'lower' courts (staffed by provincially appointed judges). Combining both political and legal analysis, this is the first book to provide an in depth study of the evolution and operation of Canada's trial courts. This collection of essays begins with an exploration of the constitutional origins of Canada's integrated court system and the failure of federal and provincial governments to cooperate in its development. F...
Debates
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