Constraining the Court
Judicial Power and Policy Implementation in the Charter Era
Constraining the Court considers what happens when a statute involving a significant public policy issue is declared unconstitutional – and government disagrees.
Constitutional Crossroads
Reflections on Charter Rights, Reconciliation, and Change
Four decades after the adoption of the Constitution Act, 1982, Constitutional Crossroads assesses its legacy, focusing on the themes of rights, reconciliation, and constitutional change.
The Tenth Justice
Judicial Appointments, Marc Nadon, and the Supreme Court Act Reference
The Tenth Justice tells the complete story of one of the strangest sagas in Canadian legal history: the ill-fated appointment to the Supreme Court of Canada of Justice Marc Nadon.
Inalienable Properties
The Political Economy of Indigenous Land Reform
Inalienable Properties explores the contrasting approaches taken by local leaders to property rights and development in four Indigenous communities.
Refugee Law after 9/11
Sanctuary and Security in Canada and the United States
The first major study to compare changes made to Canadian and US refugee law after and because of 9/11, Refugee Law after 9/11 uncovers crucial connections among refugee law, security relativism, and national self-image.
By the Court
Anonymous Judgments at the Supreme Court of Canada
By the Court is the first major study of unanimous and anonymous legal decisions: the unique “By the Court” format used by the Supreme Court of Canada.
Seeking the Court’s Advice
The Politics of the Canadian Reference Power
The first comprehensive analysis of the Canadian reference power, Seeking the Court’s Advice examines how policy makers use the courts strategically to achieve political ends.
Uncertain Accommodation
Aboriginal Identity and Group Rights in the Supreme Court of Canada
A bold analysis of what happened when Canada attempted to extend group rights to Aboriginal people in the early 1980s and why it went wrong.
The Harper Era in Canadian Foreign Policy
Parliament, Politics, and Canada’s Global Posture
The first comprehensive analysis of Canadian foreign policy during the Harper era.
The Call of the World
A Political Memoir
In this fiercely intelligent memoir, Bill Graham – Canada’s minister of foreign affairs and minister of defence during the tumultuous years following 9/11 – takes us on a personal journey through a period of upheaval in global and domestic politics, arguing that global institutions based on international law offer the best hope for a safer, more prosperous, and just world.
Queer Mobilizations
Social Movement Activism and Canadian Public Policy
Canada is considered a leader when it comes to LGBTQ rights, but as Queer Mobilizations shows, this has less to do with progressive politicians than with the work of queer activists who have fought for policy changes from their local city halls to the chambers of Parliament.
Patriation and Its Consequences
Constitution Making in Canada
Patriation and Its Consequences examines the political events and struggles that resulted in the 1981 agreement to patriate the Canadian constitution and sheds light on the political consequences of this key moment in Canadian history.
Lock, Stock, and Icebergs
A History of Canada’s Arctic Maritime Sovereignty
Lock, Stock, and Icebergs recounts the events, pressures, and behind-the-scenes negotiations that shaped Canada’s legal claim to the Northwest Passage and the waters of the Arctic Archipelago.
Territorial Pluralism
Managing Difference in Multinational States
This volume examines the implications of territorial pluralism for the peaceful and democratic management of difference in states characterized by ethnic, national, linguistic, or cultural divisions.
Recognition versus Self-Determination
Dilemmas of Emancipatory Politics
This book re-evaluates the role of recognition in analyzing relations between groups in plural societies, the position of indigenous peoples in settler societies, and the principle of the self-determination of peoples.
Governing from the Bench
The Supreme Court of Canada and the Judicial Role
Governing from the Bench is a comprehensive and illuminating examination of the Supreme Court of Canada that draws on in-depth interviews to reveal the inner workings of this often-misunderstood institution at the heart of Canada’s justice system.
The Right to a Healthy Environment
Revitalizing Canada's Constitution
Renowned environmental lawyer David R. Boyd argues that Canada must constitutionalize environmental rights and responsibilities if it hopes to improve its environmental record.
International Trade Law and Domestic Policy
Canada, the United States, and the WTO
An innovative assessment of the extent to which international judicial bodies influence domestic law and policy arrangements.
The Perils of Identity
Group Rights and the Politics of Intragroup Difference
Caroline Dick asks how group identity claims, especially in the courts, obscure significant intragroup differences.
The Freedom of Security
Governing Canada in the Age of Counter-Terrorism
A trenchant exploration of how security and counter-terrorism practices are not only eroding civil liberties, but reshaping the very nature of our political freedom.
Storied Communities
Narratives of Contact and Arrival in Constituting Political Community
An exploration of the role of storytelling in community and nation building that disrupts the assumption in many works that indigenous and immigrant identities fall into two separate streams of analysis.
Between Consenting Peoples
Political Community and the Meaning of Consent
This book examines how consent might be understood as the foundation of legal and political community, especially in relations between indigenous and nonindigenous peoples.
The British Columbia Court of Appeal
The First Hundred Years
An authoritative history of British Columbia’s highest court.
Contested Constitutionalism
Reflections on the Canadian Charter of Rights and Freedoms
Contested Constitutionalism is a critique of Canadian democracy, judicial power, and the place of Quebec and Aboriginal peoples within the federation, all of which have been altered by the Charter’s introduction in 1982.
A Perilous Imbalance
The Globalization of Canadian Law and Governance
Tackles the pressing question of how Canadian engagement with globalization can be marshaled to advance rather than impair human security, ecological integrity, and social emancipation.
Justice Bertha Wilson
One Woman’s Difference
This timely, evocative book showcases Bertha Wilson’s contributions to the Canadian legal landscape and explores the issues that this controversial personality grappled with in her life and career.
Multi-Party Litigation
The Strategic Context
Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests.
The Courts
An insider's perspective on the role of judges, lawyers, and expert witnesses; the cost of litigation; the representativeness of juries; legal aid issues; and questions of jury reform.
Law and Citizenship
The essays this volume provide a framework for analyzing citizenship in an increasingly globalized world by addressing a number of fundamental questions.
Courts and Federalism
Judicial Doctrine in the United States, Australia, and Canada
Examining recent developments in the judicial review of federalism through detailed surveys of the United States, Australia, and Canada, this book urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government.
Governing with the Charter
Legislative and Judicial Activism and Framers' Intent
Has parliamentary democracy been weakened by judicial responses to the Charter?
Tournament of Appeals
Granting Judicial Review in Canada
Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada’s Supreme Court, this book offers both a qualitatively and quantitatively-based explanation of how Canada’s justices grant judicial review.
Insiders and Outsiders
Alan Cairns and the Reshaping of Canadian Citizenship
Insiders and Outsiders celebrates the work of Alan Cairns, one of the most influential Canadian social scientists of the contemporary period.
The Canadian Department of Justice and the Completion of Confederation 1867-78
Drawing on legal records and other archival documents, Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867.
Pepper in Our Eyes
The APEC Affair
In November 1997, the world media converged on Vancouver, Canada to cover a meeting of the Asia Pacific Economic Cooperation (APEC). A predictable student protest met unusually strong police response.
Qualities of Mercy
Justice, Punishment, and Discretion
These top scholars probe the discretionary use of power and inquire how it has been exercised to spare convicted criminals from the full might of the law.