Le feu sacré: l'héritage d'Antonio Lamer / The Sacred Fire - The Legacy of Antonio Lamer
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"As this collection of essays demonstrates, Chief Justice Lamer had a profound effect on the development of many areas of Canadian law. His pioneering judgments helped define the rights of Canadians. Many aspects of our society, from Aboriginal rights, to language rights, to the rights of the criminal accused, would exist in a very different form were it not for his courage and leadership on the Bench."
-From the Foreword by the Right Honourable Beverley McLachlin, Chief Justice of Canada
Chief Justice Lamer's Impact on the Charter of Rights and Freedoms
The Right Honourable Antonio Lamer holds the distinction of serving as a Justice of the Supreme Court of Canada during two very significant moments of constitutional history - enactment of the Charter of Rights and Freedoms (1982) and the Quebec Seccession Reference (1998). One of the longest-serving judges of his era, Chief Justice Lamer played an instrumental role in developing Canada's new culture of rights under the Charter.
In this first-ever collection of essays about Chief Justice Lamer, academics, former clerks, and members of the judiciary examine his legacy of Charter interpretation and the protection of Canadians' rights.
Explore Chief Justice Lamer's lengthy career, his personal conception of the law, and why he is recognized today as one of Canada's most influential judges. Essays cover:
- His strong commitment to the principle of fairness and respect for procedural compliance
- His determination to safeguard the rights of the accused
- The reasoning and effects of his landmark decisions, including the B.C. Motor Vehicle Act Reference (1985), which helped define the scope of judicial power under the Charter
- Arguments surrounding his 1997 reference question about judicial independence and the remuneration of judges
- Why the Lamer Court was constantly scrutinized and criticized in a manner unknown to predecessors
- His lasting contributions to criminal, constitutional, and Aboriginal law
- Detailed biographical essay by Michel Robert, Chief Justice Lamer's former law partner and current Chief Justice of Quebec
- Foreword by the Rt. Hon. Beverley McLachlin, Chief Justice of Canada
- Papers in both English and French
- Chronology of key dates in Chief Justice Lamer's career
- Table of Chief Justice Lamer's judgments at the Supreme Court of Canada
Who Should Buy this Book?
- Legal academics seeking insight into the contributions of Chief Justice Lamer
- Constitutional practitioners interested in understanding the development of the Charter under the helm of the Lamer Court
- Members of the judiciary and Canadian bar looking for new perspectives on the administration of justice at the highest levels
- Historians, political scientists, and other academics researching Canada's legal history
"The office of Chief Justice of Canada is obviously of the highest importance to our justice system and yet, after spending an informal afternoon with someone who had occupied it, I was left with the impression that Chief Justice Lamer affirmed the humanity underlying it all."
-David Asper, Lawyer and businessman and co-counsel in the Milgaard Reference
Table of contents
Preface – The Right Honourable Madame Justice Beverly M. McLachlin, P.C., Chief Justice of Canada
Préface – The Right Honourable Madame Justice Beverly M. McLachlin, P.C., Chief Justice of Canada
Introduction – Professor Adam Dodek & Professor Daniel Jutras
Part I: The "Lamer Years"
Antonio Lamer: The Man, His Life and Times – The Honourable Michel Robert
Antonio Lamer: l'homme, sa vie et son temps – The Honourable Michel Robert
Le Juge en chef Lamer et l'administration de la Cour suprême du Canada : une vision en action – Mme. Anne Roland
Part II: Key Institutional Values: Judicial Independence and Beyond
The Lamer Legacy for Judicial Independence – Ed Ratushny & Daphne Gilbert
The Ambivalence of Administrative Justice in Canada: Does Canada Need a Fourth Branch? – Professor Lorne Sossin
Chief Justice Lamer and Policy Design at the Supreme Court of Canada – Professor Dwight Newman
The Provincial Judges' Remuneration Reference and Judicial Independence – Professor Adam Dodek
Part III: Pragmatic and Principled: Contributions to Substantive Law
A. Criminal Law, Criminal Procedure, and Criminal Evidence
Le juge Lamer, la faute, le blâme et le châtiment – Professor Anne-Marie Boisvert
Control of the Process: The Criminal Procedure Jurisprudence of Chief Justice Lamer – Professor Jula Hughes
Lamer, the Exclusion of Evidence and the Scent of Truth 1975-2000 – The Honourable Patrick Healy
Antonio Lamer and Wrongful Convictions: A Journey from Confidence to Contrition – Stephen Bindman
B. Fundamental Rights and Freedoms, Equality, and Language Rights
To the rescue: Antonio Lamer and the Section 2(b) cases from Quebec – Professor Jamie Cameron
Chief Justice Lamer and Freedom of Expression: Principle, Pragmatism and "The Boys of St. Vincent" – Catherine Beagan Flood
La pensée du très honorable Antonio Lamer dans la construction du droit à l'égalité : une vision audacieuse et créatrice – The Honourable Michèle Rivet & Manon Montpetit
L'évolution de la pensée du juge en chef Lamer relativement aux fondements des garanties constitutionnelles en matière de langues officielles – The Honourable Michel Bastarache
C. Outside His Comfort Zone
Chief Justice Lamer's Leadership in Feminist Times – Professor Catherine Dauvergne
Antonio Lamer et le droit privé – Professor Daniel Jutras
Part IV: Law Reform and Conceptions of the Judicial Role
De l'absence d'esbroufe dans le traitement des faits sociaux en contexte constitutionnel : la retenue méconnue du juge Antonio Lamer – Professor Danielle Pinard
Hearsay Evidence – Lamer's Common Law Legacy – The Honourable James O'Reilly
Antonio Lamer and Section 7 of the Charter: A Law Reformer's Ambition, A Judge's Restraint – The Honourable Robert Sharpe
A Lamentation for Law Reform – Professor Rod MacDonald