Lexis Nexis The Supreme Court of Canada and Social Justice: Commitment, Retrenchment or Retreat
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Product description
This collection of essays by leading Canadian legal scholars analyzes the achievements and failures of the Supreme Court of Canada in furthering social justice and human rights since the advent of the Charter. Focusing primarily on the McLachlin Court, the authors critically assess the Court's record in adjudicating claims concerning aboriginal rights, equality rights, freedom of religion, hate speech, domestic and international human rights, environmental protection, criminal law, and poverty relief. These doctrinal chapters are underpinned by two introductory chapters, one on barriers to getting heard as demonstrated by the Court's practices in granting and refusing leave to appeal and leave to interview, and the second critically reflecting on the philosophy of judging revealed by the Court's jurisprudence.
Features and Benefits
- Case law analysis - provides an understanding of the decisions and application of the Charter by the Supreme Court of Canada on social justice issues.
- Comprehensive coverage - written by leading professors and academics across Canada, this collection provides a unique analysis and insight into the Supreme Court of Canada's recent jurisprudence on a wide range of social justice issues on such legal topics as:
- Criminal rights
- Equality rights
- Environment
- Human rights
- Freedom of religion and equality
- Hate speech
- Domestic and international human rights
- Aboriginal rights
- Poverty
- Authoritative commentary - special chapters on the philosophy of judging in Canada and an analysis of the procedural access to justice as measured by leaves to appeal or intervene that have been granted or refused.
Table of contents
Introduction: The Supreme Court of Canada and Social Justice: Commitment, Retrenchment or Retreat - Sanda Rodgers & Sheila McIntyre
Getting Heard: Leave to Appeal, Interveners and Procedural Barriers to Social Justice in the Supreme Court of Canada - Sanda Rodgers
Between Principle and Pragmatism: The Decline of Principled Reasoning in the Jurisprudence of the McLachlin Court - Graham Mayeda
The Story in Aboriginal Law and Aboriginal Law in the Story: A Métis Professors Journey - Larry Chartrand
The Equality Jurisprudence of the McLachlin Court: Back to the 70s - Sheila McIntyre
Unequal to the Task: "Kapp"ing the Substantive Potential of Section 15 - Margot Young
"Terrorism or Whatever": The Implications of Alberta v. Hutterian Brethren of Wilson Colony for Women's Equality and Social Justice - Jennifer Koshan & Jonnette Watson Hamilton
Poverty and Social Justice at the Supreme Court during the McLachlin Years: Slipsliding Away - Jennie Abell
Constitutional Castaways: Poverty and the McLachlin Court – Martha Jackman
Equality and Supreme Court Criminal Jurisprudence: Never the Twain Shall Meet - Elizabeth Sheehy
Twenty Years Later Taylor Still Has It Right: How the Canadian Human Rights Act's Hate Speech Provision Continues to Contribute to Equality - Jane Bailey
Human Rights Statutes as a Tool to Eliminate and Prevent Discrimination: Reflections on the Supreme Court of Canada's Jurisprudence - Schucher
International Human Rights Law in the Supreme Court's Charter Jurisprudence: Commitment, Retrenchment and Retreat – In No Particular Order - John H. Currie
Does Preserving the Environment Advance, or Conflict with, Social Justice and Human Rights? - Heather McLeod-Kilmurray
The Pursuit of Environmental Justice in the McLachlin Court - Nathalie J. Chalifour & Gavin Smith
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