Part I: Introduction
1. Charter 101
What Happened to the Charter of Rights?
What Is the Charter?
The Nature and Purposes of a Written Charter
The Content of the Charter
The Scope and Application of the Charter
2. The Origins and Development of the
Charter
The Judicial Enforcement of Human Rights: From Federalism and the Common Law to the Charter
Judicial Protection of Human Rights in Canada: 1867-1960
The Judicial Committee of the Privy Council (1867-1949)
The Origins of the Charter
Was an Entrenched Charter
Necessary?
Appendix: The 1960 Bill of Rights
Part II: The Courts and the Charter
3. The Supreme Court of Canada
Introduction: From Adjudication to Policy-Making
The Charter Era From Honeymoon to Hangover
The Supreme Court at Work
4. The Charter Goes to
Court
The Structure of a Charter Challenge
Substantive Cases
Procedural Cases
Charter Remedies
Charter Remedies and the Controversy over Judicial Supremacy
5. The Policy Capacity of the Supreme Court of Canada
Extrinsic Evidence in Charter Cases
The Supreme Court and
the News Media
The Judicial Appointment Process
Implementing Court Decisions
Conclusion: The Legitimacy of the Supreme Court in the Charter Era
Part III: The Charter and the Other Institutions of Government
6. Parliament and the Courts in the Charter Era
Parliament and
the Legislative Process
The Evolving Relationship between Parliament and the Courts in the Charter Era
Parliament and the Courts in the Charter Era: Four Categories of Case
'Taking Rights Seriously'? The Charter's Impact on Law-Making in the House of Commons
7. The Executive
Branch
The Federal Department of Justice: The Newest Central Agency
Judicial Review of Executive Orders and Regulations
Judicial Review of Administrative Acts
8. Interest Groups and the Charter
Interest Groups and the Courts
Charter Advocacy Groups and the Other Two Branches
of Government
9. The Charter and Canadian Federalism
The Supreme Court and Federalism: Before and After 1982
The 'Centralizing Rights': Sections 6 and 23 of the Charter
The Charter's Indirect Effects on the Division of Powers
Part IV: The Charter's Impact on Public
Policy
10. Fundamental Freedoms
Introduction
Section 2(a): Freedom of Conscience and Religion
Section 2(b): Freedom of Expression
Section 2(c): Freedom of Peaceful Assembly
Section 2(d): Freedom of Association
Conclusion: Fundamental Freedoms in the Charter
Era
11. Democratic Rights
Introduction: The Unique Importance of Democratic Rights
The Right to Vote
The Right to Run for Public Office
The Constitutional Status of Political Parties and Candidates
The Other Democratic Rights
12. Legal Rights
Introduction
Section
7: The Right to Life, Liberty, and Security of the Person
Section 7: The Principles of Fundamental Justice
Section 8: Unreasonable Search and Seizure
Section 9: Arbitrary Detention and Imprisonment
Section 10: The Rights of an Accused in Police Custody
Section 11: The Right(s) to
a Fair Trial
Section 12: Cruel and Unusual Treatment or Punishment
Section 13: Self-Incrimination
Section 14: The Right to an Interpreter in Court
13. Equality Rights
The Sources and Evolution of Section 15
The Scope of Section 15
The Evolving Meaning of Section
15(1)
Section 15(2): The Affirmative Action Clause
The Impact of Section 15 on Canadian Public Policy: The Same-Sex Marriage Debate
14. The Remaining Sections of the Charter
Sections 16-22: Minority Language Rights in Canada
Sections 27 and 28: Hollow Victories
Section 33: Is
the 'Notwithstanding Clause' a Dead Letter?
E-Book (ISBN 9780199000609):
Available through CourseSmart.com
Dr Heather MacIvor is associate professor of politics at the University of Windsor. She studied at the University of King's College, Queen's University, and the London School of Economics. She teaches courses in Canadian politics, women and politics, classical political theory, and political
parties. Her research interests include the Canadian Charter of Rights and Freedoms, electoral systems, Canadian political institutions, and the history of political thought. Her work has been cited by the Supreme Court of Canada, and she frequently appears in the media as a commentator on Canadian
politics. Her most recent book, Election, was published in 2010 by Emond Montgomery.
Canadian Courts - Lori Hausegger, Matthew Hennigar and Troy Riddell
Canadian Federalism - Edited by Herman Bakvis and Grace Skogstad
Contested Federalism - Herman Bakvis, Gerald Baier and Douglas Brown
