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A commemoration of two significant dates, The Supreme Court of Canada and its Justices is also a colourful portrait and an indispensable reference book. A bilingual co-publication of Dundurn Press and the Supreme Court of Canada, the book contains biographies, with portraits or photographs, of every Justice appointed to the Court since its inception. The Supreme Court of Canada and its Justices also features a preface by Chief Justice Beverley McLachlin and a history of the Court by former Chief Justice Antonio Lamer. A succession list and a selected bibliography are included for researchers. A key section of the book deals with the Court’s distinguished building, which was designed by renowned architect Ernest Cormier. Written by Professor Isabelle Gournay of the University of Maryland and France Vanlaethem of the Universite du Quebec a Montreal, this section is illustrated with Cormier’s own watercolours and drawings, as well as current photographs. The Supreme Court of Canada and its Justices is a fitting commemoration of the Supreme Court’s 125 years and its fiftieth year as the court of last resort in Canada.
In the last half-century, the Supreme Court of Canada has undergone major upheaval. The most drastic change occurred with the adoption of the Charter of Rights in 1982, which substantially increased the Court's role in resolving controversial political and social issues. The Transformation of the Supreme Court of Canada examines the impact of institutional changes on the proceedings and decisions of the Court from 1970 to 2003. The first book on the Supreme Court to incorporate extensive in-depth interviews with former justices, this study provides both insiders' accounts of how decisions are made and an empirical analysis of more than 3,000 Court decisions. Drawing on this extensive commentary and statistical data, Donald R. Songer demonstrates that the Court has remained a politically moderate and democratic institution despite its considerable power and influence. The most comprehensive account of its kind to date, The Transformation of the Supreme Court of Canada makes a significant contribution to the literature and will be of particular interest to scholars and students of judicial behaviour and comparative law.
First published as a Special Issue of "Interpreting" (10:1, 2008) and complemented with two articles published in "Interpreting" (12:1, 2010), this volume provides a panoramic view of the complex and uniquely constrained practice of court interpreting. In an array of empirical papers, the nine authors explore the potential of court interpreters to make or break the proceedings, from the perspectives of the minority language speaker and of the other participants. The volume offers thoughtful overviews of the tensions and conflicts typically associated with the practice of court interpreting. It looks at the attitudes of judicial authorities towards interpreting, and of interpreters towards the concept of a code of ethics. With further themes such as the interplay of different groups of "linguists" at the Tokyo War Crimes Tribunal and the language rights of indigenous communities, it opens novel perspectives on the study of interpreting at the interface between the letter of the law and its implementation.
In a ground-breaking study on the nature of judicial behaviour in the Supreme Court of Canada, Donald Songer, Susan Johnson, C.L. Ostberg, and Matthew Wetstein use three specific research strategies to consider the ways in which justices seek to make decisions grounded in "good law" and to show how these decisions are shaped within a collegial court. The authors use confidential interviews with Supreme Court justices, analysis of their rulings from 1970 to 2005, and measures that tap their perceived ideological tendencies to provide a critical examination of the ideological roots of judicial decision making, uncovering the complexity of contemporary judicial behaviour. Examining judicial behaviour through the lens of three different research strategies grounded in qualitative and quantitative methodologies,Law, Ideology, and Collegialitypresents compelling evidence that political ideology is a key factor in decision making and a prominent source of conflict in the Supreme Court of Canada.
Gerald Le Dain (1924–2007) was appointed to the Supreme Court of Canada in 1984. This collectively written biography traces fifty years of his steady, creative, and conciliatory involvement with military service, the legal academy, legislative reform, university administration, and judicial decision-making. This book assembles contributions from the in-house historian of the law firm where Le Dain first practised, from students and colleagues in the law schools where he taught, from a research associate in his Commission of Inquiry into the non-medical use of drugs, from two of his successors on the Federal Court of Appeal, and from three judicial clerks to Le Dain at the Supreme Court of Canada. Also reproduced here is a transcript of a recent CBC documentary about his 1988 forced resignation from the Supreme Court following a short-term depressive illness, with commentary from Le Dain’s family and co-workers. Gerald Le Dain was a tireless worker and a highly respected judge. In a series of essays that cover the different periods and dimensions of his career, Tracings of Gerald Le Dain’s Life in the Law is an important and compassionate account of one man's commitment to the law in Canada. Contributors include Harry W. Arthurs, G. Blaine Baker, Bonnie Brown, Rosemary Cairns-Way, John M. Evans, Melvyn Green, Bernard J. Hibbitts, Peter W. Hogg, Richard A. Janda, C. Ian Kyer, Andree Lajoie, Gerald E. Le Dain, Allen M. Linden, Roderick A. Macdonald, Louise Rolland, and Stephen A. Scott.
Hon. Patrick Kerwin, a Chief Justice of Canada, was born in 1889 in Sarnia, Ontario. In this biography, Stephen McKenna looks at his grandfather Patrick’s early years and examines his career, cases, speeches, his family and social life. An intimate look at the life of a great Canadian who devoted much of his career to public service. With extensive appendix.
The legal meaning of bankruptcy and insolvency law has often remained elusive, even to practitioners and scholars in the field, despite having been enshrined in Canada’s Constitution since Confederation. Federal jurisdiction in this area must be measured against provincial powers over property and civil rights, among others. Debt and Federalism traces changing conceptions of the bankruptcy and insolvency power through four landmark cases that form the constitutional foundation of the Canadian bankruptcy system: the 1894 Voluntary Assignments Case, Royal Bank of Canada v Larue in 1928, the 1934 Companies' Creditors Arrangement Act Reference Case, and the 1937 Farmers' Creditors Arrangement Act Reference Case. Together, these decisions ultimately produced the bedrock for modern understandings of bankruptcy and insolvency law. Thomas G.W. Telfer and Virginia Torrie draw on archival and legal sources to analyze the decisions from a historical and doctrinal perspective. This astute book demonstrates that the legal changes introduced by these landmark cases underpin contemporary bankruptcy and insolvency law and scholarship.
Canada is a country of massive size, of diverse geographical features and an equally diverse population—all features that are magnificently reflected in its architecture. In this book, Rhodri Windsor Liscombe and Michelangelo Sabatino offer a richly informative history of Canadian architecture that celebrates and explores the country’s many contributions to the spread of architectural modernity in the Americas. A distinct Canadian design attitude coalesced during the twentieth century, one informed by a liberal, hybrid, and pragmatic mindset intent less upon the dogma of architectural language and more on thinking about the formation of inclusive spaces and places. Taking a fresh perspective on design production, they map the unfolding of architectural modernity across the country, from the completion of the transcontinental railway in the late 1880s through to the present. Along the way they discuss architecture within the broader contexts of political, industrial, and sociocultural evolution; the urban-suburban expansion; and new building technologies. Examining the works of architects and firms such as ARCOP, Eric Arthur, Ernest Cormier, Brigitte Shim, and Howard Sutcliffe, this book brings Canadian architecture chronologically and thematically to life.
As a judge, Beverley McLachlin has had an unequalled impact on Canadian life. She stands out for her unique ability to stand up for the values and beliefs that reflect the best of Canada and Canadians. As chief justice, she led the way to assisted suicide legislation, far greater recognition of aboriginal rights and title, allowing safe injection sites for drug users and many other changes that have had a dramatic impact on Canadian life. Less well known is her work to modify the way the Supreme Court judges work together to emphasize collegiality and to encourage judges on the court to pay closer attention to real-world information about the issues they are considering. Her courageous action to defend the independence of the court and her own personal integrity when it was attacked by Stephen Harper — an incident discussed and documented fully in this book — underlines her strength of character and integrity. This book sketches Beverley McLachlin's experiences growing up in rural Alberta, attending university, becoming a lawyer and then a judge. At a time when governments were seeking qualified women for senior positions in Canada's courts, she was selected by politicians, both Liberal and Conservative, to fill progressively higher positions. Ian Greene and Peter McCormick focus on her time on the Supreme Court offering readers a balanced, informed perspective on the role she defined for herself, remarkable for her prodigious work and the clarity of her decisions. Their background as leading Canadian writers on the role of the judiciary in Canada allows them to offer an independent and readable appreciation of her contributions to Canadian life.
A fully updated edition of the first-ever primer on Canada’s Constitution — for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982, accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This new edition is a great primer for those reading Canada’s Constitution for the first time and is a useful reference work for students and scholars.