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Principles and Pragmatism: Essays in Honour of Louise Charron / Principes et Pragmatisme : Essais en L'honneur de Louise Charron

In this five-part volume, readers will have a chance to experience the insight, wisdom and knowledge of a remarkable Canadian jurist who always recognized fundamental legal principles such as the rule of law, and the values enshrined in the Canadian Charter of Rights and Freedoms.
Publication Language: English
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ISBN/ISSN: 9780433474975

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This book is a bilingual collection of peer-reviewed scholarship written in honour of Justice Louise Charron, the only Franco-Ontarian justice to have sat in the Supreme Court of Canada. Though her expertise covers administrative law, constitutional law, and the law of evidence, she is best known for her criminal law judgments: during her seven years at the Supreme Court of Canada, Justice Charron has penned more criminal jurisprudence than any other justice.

Both colleagues and peers who have worked with Louise Charron admire her hard work and moral convictions. One former law clerk remarked: "She was a fabulous boss and a woman with a great sense of public service and ethics."

Justice Charron's lasting impact on Canadian legal jurisprudence are her written judgments themselves: they represent the way an ideal ruling should be written – clear and straightforward. She was always concerned that the law be accessible and useful to advocates, judges and the public, and always added a touch of pragmatism to her judgments.

In this five-part volume written by renown lawyers and legal scholars, readers will have a chance to experience the insight, wisdom and knowledge of a remarkable Canadian jurist who always recognized fundamental legal principles such as the rule of law, and the values enshrined in the Canadian Charter of Rights and Freedoms.

Book Features
  • Gives an in-depth-analysis of Justice Charron's legal philosophies, and how they have helped shape Canada's legal landscape
  • Essays are written in English and French, from contributors with common law or civil law backgrounds, or both, reflecting Canada's bilingual and bi-juridical realities, as well as its cultural diversity
  • Examination of Justice Charron's prior experience as a trial judge and appellate judge, and its influence on her judicial role at the Supreme Court of Canada
Who Should Read This Book
  • Law Professors & Legal Scholars - Review and study the legal writings and philosophies of a renown Supreme Court of Canada judge
  • Law Libraries - This volume is an ideal addition to a collection of work on the history and background of Supreme Court of Canada justices
  • Judges - Canadian justices can refer to valuable insights from a respected Supreme Court of Canada judge for the purposes of articulating and formulating decisions

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Table of contents

Introduction/Introduction - by Graham Mayeda and Peter Oliver

Part I: Justice Charron at the Supreme Court of Canada/La juge Charron à la Cour suprême du Canada
L'honorable Louise Charron : une analyse quantitative comparée de sa jurisprudence – by Marie Claire Belleau, Rebecca Johnson and Annie Packwood

Part II : Justice Charron, Criminal Law and the Law of Evidence/La juge Charron, le droit criminel et le droit de la preuve

The Everyday Practice of Canadian Criminal Law: The criminal "as of right" jurisprudence of Justice Louise Charron – by Kyle Kirkup
OBJECTIVE MENS REA AND ATTENUATED SUBJECTIVISM: GUIDANCE FROM JUSTICE CHARRON IN R V BEATTY - by Palma Paciocco
A Tale of Two Countries: Examining the Regulation of Prosecutorial Discretion in Canada and the United States - by Charles McLean and Stephen Wilkes
Reconciling the Principled Approach to Hearsay with the Rule of Law – by Andrew Botterell

Part III: Justice Charron and Constitutional Law/La juge Charron et le droit constitutionnel
La cyber diffusion des documents de la Cour: dans la quête d'un juste équilibre pour assurer l'accès à la justice dans l'ère numérique – by Karen Eltis
Le fédéralisme canadien, 2004-2011 - by Peter Oliver and Marie-France Chartier
Language rights - by Alyssa Tomkins & Ron Caza

Part IV: Justice Charron and Administrative Law/La juge Charron et le droit administratif
Prescribing Greater Protection for Rights: Administrative Law and Section 1 of the Canadian Charter of Rights and Freedom - by Paul Daly
Judicial Review and the Charter from Multani to Doré – by Alexander Pless
Self-Represented Litigants: A Sea Change in Adjudication - by Michele Flahert

Part V: Justice Charron and Legal Judgment/La juge Charron et les décisions judiciaires
Practice Makes Perfect? The Role of Principle and Practice in Judgment: A Hypothetical Engagement Between Immanuel Kant and Justice Louise Charron - by Graham Mayeda