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Limiting Rights
Limiting Rights is an in-depth exploration of who is, and who should be, responsible for determining whether legislation that conflicts with the entrenched rights of the Charter of Rights and Freedoms should nevertheless be upheld as a reasonable limit on protected rights. Janet Hiebert addresses a topic that threatens to undermine claims that what courts do can be distinguished from the discretionary decisions of policy makers and raises concerns about whether judicial review of the Charter is consistent with democratic principles.
Canada's Constitutional Revolution
From 1960 to 1982 Barry L. Strayer was instrumental in the design of The Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Dr. Strayer shares his experiences as a key legal advisor with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history studies, political history of patriation and The Charter, interpretation of The Charter, and the nature of judicial review.
The Daily Plebiscite
The Daily Plebiscite offers a multi-faceted analysis of Canada's national unity crisis from the perspective of someone who lived through it all.
The Practice of Language Rights in Canada
On what grounds should language rights be accorded in Canada, and to whom? This is the central question that is addressed in C. Michael MacMillan's book The Practice of Language Rights in Canada. The issue of language rights in Canada is one that is highly debated and discussed, partly because the basic underlying principles have been a neglected dimension in the debate. MacMillan examines the normative basis of language rights in Canadian public policy and public opinion. He argues that language rights policy should be founded upon the theoretical literature of human rights. Drawing on the philosophy behind human rights, the arguments for recognizing a right to language are considered, as w...
Canada’s Rights Revolution
In the first major study of postwar social movement organizations in Canada, Dominique Clément provides a history of the human rights movement as seen through the eyes of two generations of activists. Drawing on newly acquired archival sources, extensive interviews, and materials released through access to information applications, Clément explores the history of four organizations that emerged in the sixties and evolved into powerful lobbies for human rights despite bitter internal disputes and intense rivalries. This book offers a unique perspective on infamous human rights controversies and argues that the idea of human rights has historically been highly statist while grassroots activism has been at the heart of the most profound human rights advances.
