DOCSLIB.ORG

The Stories We Tell: the Supreme Court of Canada and the Constitution

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Stories We Tell: the Supreme Court of Canada and the Constitution The Stories We Tell: The Supreme Court of Canada and the Constitution Kate Glover Faculty of Law, McGill University, Montreal August 2016 A thesis submitted to McGill University in partial fulfillment of the requirements of the degree of Doctorate of Civil Laws © Katharine Glover, 2016 Table of Contents Table of Contents……………….……………………………………………………………………..…….i Abstract……………………………………………………………………………………..……………....ii Résumé……………………………………………………………………………..………………...……iii Acknowledgements………………………………………………………………..………..…………...…iv INTRODUCTION………………………...……………………………………………...………………..1 1. THE STORIES WE TELL………………………………………………………………………...…16 Introduction I. The Significance of the Court II. The Roles of the Court III. The Judges of the Court Conclusion 2. CANADA’S CONSTITUTIONAL ORDER…………………………………………..……………..66 Introduction I. Constitutional Interpretation II. Constitutional Disputes III. Constitutional Traditions Conclusion 3. THE SUPREME COURT IN CANADA’S CONSTITUTIONAL ORDER………………..…….133 Introduction I. Expectations II. Postures & Practices III. Commitments Conclusion 4. REFORM OF THE COURT AND THE CONSTITUTION……….……………….………….…171 Introduction I. The Design of the Court II. Constitutional Amendment and Court Reform III. The Complexity of Part V Conclusion CONCLUSION…………………………………………………………………………...……………..236 Bibliography…………………………………………………….……………………………………..…245 i Abstract This dissertation is a study of the Supreme Court of Canada and the constitution. At its heart is a dissatisfaction with the assumptions about the constitution that underlie existing accounts of the Court. These assumptions fail to adequately capture structural and lived realities of Canadian constitutionalism. As a consequence, our understandings of the Supreme Court’s role and significance in the constitutional life of the country are tidy, but incomplete in meaningful - indeed harmful - ways. To overcome these shortcomings, this dissertation offers a new account of the Court in Canada’s constitutional order. This new account begins by disrupting the assumptions that underlie the existing narratives. Two reorientations are central. First, the analysis in this dissertation attends to structural dimensions of the constitution, which have been in the shadow of rights-based constitutionalism since patriation. Second, the analysis draws on the insights of legal pluralism, which helpfully inform much constitutional knowledge in Canada but have not been adequately accounted for in understandings of the Supreme Court. This reorientation reveals matters that play a significant role in the Court’s institutional life but have been overlooked and undervalued in the existing accounts. In particular, these matters include the horizontal and shifting institutional framework within which the Court operates, the agonistic dimensions of constitutional disputes, and the multijural character of constitutionalism in Canada. Relying on a structural reading of the constitution, this dissertation tells a different story about the Supreme Court in Canada’s legal order. It first considers the present, urging a shift in expectations, attitudes, and practices in relation to the Court. It then imagines the future, arguing for an approach to Court reform that is sensitive to the aspirations of institutional design, and the possibilities and limits of constitutional amendment in Canada. ii Résumé La présente thèse est une étude de la Cour Suprême du Canada et de la constitution. Cette étude est motivée par une insatisfaction envers les suppositions sur la constitution qui sous-tendent les récits existants sur la Cour. Ces suppositions ne parviennent pas à saisir adéquatement les réalités structurelles et expérientielles du constitutionalisme canadien. Par conséquent, notre compréhension du rôle de la Cour suprême dans la vie constitutionnelle du pays est peut-être ordonnée, mais elle demeure significativement, et même nuisiblement, incomplète. Cette thèse présente un nouveau récit sur le rôle de la Cour dans l’ordre constitutionnel canadien. Ce dernier commence par défaire les suppositions qui sous-tendent les récits existants. Deux réorientations centrales s’imposent. Premièrement, les dimensions structurelles de la constitution, restées dans l’ombre d’un constitutionalisme basé sur les droits depuis le rapatriement, sont incorporées à l’analyse. Deuxièmement, le récit fait appel aux idées du pluralisme juridique, qui ont informé de manière utile l’étude du constitutionalisme canadien sans pourtant avoir été incorporées dans l’examen de la Cour suprême. Cette double réorientation révèle certaines questions ayant joué un rôle important dans la vie constitutionnelle de la Cour, mais qui ont pourtant été négligées ou sous-évaluées dans l’étude du sujet. Il s’agit en particulier du cadre institutionnel horizontal et en déplacement continu dans lequel la Cour opère, de la dimension combative des débats constitutionnelles, et du caractère multijuridique du constitutionalisme au Canada. Se fondant sur une lecture structurelle de la constitution, cette thèse présente un récit différent sur le rôle de la Cour suprême dans l’ordre juridique canadien. D’abord ancrée dans le présent, elle incite au changement dans les attentes, attitudes et pratiques liées à la Cour. Puis, tournée vers le futur, cette étude propose des pistes de réforme sensibles aux aspirations liées à la conception institutionnelle de la Cour, ainsi qu’aux limites et possibilités de l’amendement constitutionnel au Canada. iii Acknowledgements This dissertation was written under the supervision of two visionaries, Rod Macdonald and Hoi Kong. Rod taught me to be bold as a scholar, teacher and student, to invest in my intellectual capital, and to see the possibilities of law in all corners of life. This is a debt I can only repay by trying to help my students learn the same lessons. Rod did not live to see the final version of this dissertation and I am still trying to decipher some of his comments on early chapters, but his counsel informs each page. I hope he would have been proud. Hoi has taught me to be genuine, rigorous, and energetic in my scholarship and teaching. He could always extract the best version of my muddied thoughts; his advice always helped me see the way forward; his mental processor was always running at twice the speed of mine. I am truly grateful that Hoi was willing to take me on as a doctoral student mid-stream and that his door (and Skype line) have been perpetually open to me ever since. I have been fortunate for other extraordinary mentors during my doctoral studies. First, I was lucky to work with Daniel Jutras. The expertise he shared and the opportunities he extended (despite my disdain for football) were transformative and more generous than I could have imagined when I arrived at McGill. I will be constantly striving to live up to the example he sets. Second, I am thankful that I started at McGill Law during the tenure of Rosalie Jukier as Associate Dean of Graduate Studies. Rosalie is a master of professorial life and I am so grateful that I had the chance to learn some of my most formative lessons about being a law professor from her. I hope she didn’t dread our marathon co-author meetings and I will always be grateful that instead of turning me away when I changed my research topic in second year, she paired me with Rod. Third, I was lucky to start my doctoral studies on the heels of a clerkship with the Honourable Justice Abella at the Supreme Court of Canada. There is no greater inspiration to keep working through the puzzles of justice (whether in the courtroom or at the dining room table), and to find joy and humanity in the pursuit, than Justice Abella. I owe a special debt of gratitude to my dear friends and McGill colleagues, Jocelyn Stacey and Marika Samson, who are constant sources of insight and fun. Thank you also to Tina Piper, who was an encouraging and insightful member of my doctoral committee. This research was funded by a Vanier Canada Graduate Scholarship through the Social Sciences and Humanities Research Council, the McGill Faculty of Law, McGill University, the O’Brien Fellowship Program, and the McGill Centre for Human Rights and Legal Pluralism. I am grateful to these institutions for their generous support. I presented ideas that are now part of this dissertation at the Osgoode Hall–Toronto Junior Faculty Forum (2016), the 17th and 19th Annual Osgoode Hall Constitutional Cases Conferences (2014, 2016), the Comparative Law Workshop of the University of Ottawa’s Public Law Group and the Younger Comparativists’ Committee of the American Society of Comparative Law (2015), the Centre for Constitutional Studies’ Conference “Time for Boldness on Senate Reform” (2015), the General Meeting of the Canadian Law and Society Association (2015), and the Symposium on Constitution-Making and Constitutional Design at the Clough Centre for Constitutional iv Democracy (2014). Thank you to the organizers and audiences of these events for their feedback, insights and assistance, with particular thanks to the discussants of my work, Carissima Mathen, Cristina Rodriguez, and David Schneiderman. Earlier versions of some parts of this dissertation first appeared in the McGill Law Journal, the Supreme Court Law Review, the Constitutional Forum, and the academic blog “Double Aspect”. A version of Chapter 3 is forthcoming in the Review of Constitutional Studies. Thank you to the editors, publishers, and anonymous reviewers of these journals for their comments and support throughout. Thank you also to the
Load more

Recommended publications
  • The Social Contract
    The Social Contract Expression Graphics | March 2013 University of Western Ontario (London, Ontario) The sole responsibility for the content of this publication lies with the authors. Its contents do not reflect the opinion of the University Students’ Council of the University of Western Ontario (“USC”). The USC assumes no responsibility or liability for any error, inaccuracy, omission or comment contained in this publication or for any use that may be made of such information by the reader. -1- Table of Contents Preface 3 Letter from the Editor 4 Editorial Board and Staff 5 Special Thanks 6 POLITICAL THEORY War in the Name of Humanity: Liberal Cosmopolitanism and the Depoliticization 9 of the War on Terror by Monica Kozycz Restitutive Justice: The Key to Social Equality by Philip Henderson 23 INTERNATIONAL RELATIONS Vacillating on Darfur: Achieving Peace and Security in Sudan’s Forsaken West 34 by Larissa Fulop Symbol or Strategic Constraint?: The Implications of the EU Arms Embargo 49 for EU-China Relations and China’s Strategy by Ross Linden-Fraser COMPARATIVE POLITICS Mandatory Minimum Drug Sentences by Robert Salvatore Powers 68 CANADIAN POLITICS The Fight to Regain Indigenous Self-Determination in Canada by Philip Henderson 82 AMERICAN POLITICS American Constitutionalism and International Human Rights: A Legal Perspective 94 by Jeremy Luedi BUSINESS AND GOVERNANCE New Public Management, Public-Private Partnerships and Ethical Conflicts 111 for Civil Servants by André Paul Wilkie Implications of Right-to-Work Legislation in Ontario by Caitlin Dunn 126 IDENTITY POLITICS Race and Romance: Black-White Interracial Relationships since Loving v. Virginia 141 by Monica Kozycz MEDIA AND POLITICS More of the Same: The Internet’s Role in Political Campaigns 154 by Steven Wright -2- Preface On behalf of the Department of Political Science, I am both happy and proud to congratulate you on publishing this year’s issue of The Social Contract.
    [Show full text]
  • Legality As Reason: Dicey, Rand, and the Rule of Law
    McGill Law Journal ~ Revue de droit de McGill LEGALITY AS REASON: DICEY, RAND, AND THE RULE OF LAW Mark D. Walters* For many law students in Canada, the Pour bon nombre d’étudiants en droit au idea of the rule of law is associated with the Canada, l’idée d’une primauté du droit est asso- names of Professor A.V. Dicey, Justice Ivan ciée au professeur A.V. Dicey et au juge Ivan Rand, and the case of Roncarelli v. Duplessis. It Rand ainsi qu’à l’affaire Roncarelli c. Duplessis. is common for students to read excerpts from Il est courant pour les étudiants de lire des ex- Dicey’s Law of the Constitution on the rule of traits traitant de la primauté du droit dans law, and then to examine how the rule of law is, l’œuvre de Dicey intitulée Law of the Constitu- as Rand stated in Roncarelli, “a fundamental tion, puis d’examiner comment la primauté du postulate of our constitutional structure.” In- droit est, comme l’a affirmé Rand dans Ronca- deed, Roncarelli marked a point in time, fifty relli, « [l’]un des postulats fondamentaux de no- years ago, at which the academic expression tre structure constitutionnelle ». En effet, l’arrêt “the rule of law” became a meaningful part of Roncarelli a été rendu au moment où, il y a cin- the legal discourse of judges and lawyers in quante ans, l’expression académique « la pri- Canada. mauté du droit » s’intégrait au sein du discours In this article, the author considers the re- des juges et des avocats au Canada.
    [Show full text]
  • Carissima Mathen*
    C h o ic es a n d C o n t r o v e r sy : J udic ia l A ppointments in C a n a d a Carissima Mathen* P a r t I What do judges do? As an empirical matter, judges settle disputes. They act as a check on both the executive and legislative branches. They vindicate human rights and civil liberties. They arbitrate jurisdictional conflicts. They disagree. They bicker. They change their minds. In a normative sense, what judges “do” depends very much on one’s views of judging. If one thinks that judging is properly confined to the law’s “four comers”, then judges act as neutral, passive recipients of opinions and arguments about that law.1 They consider arguments, examine text, and render decisions that best honour the law that has been made. If judging also involves analysis of a society’s core (if implicit) political agreements—and the degree to which state laws or actions honour those agreements—then judges are critical players in the mechanisms through which such agreement is tested. In post-war Canada, the judiciary clearly has taken on the second role as well as the first. Year after year, judges are drawn into disputes over the very values of our society, a trend that shows no signs of abating.2 In view of judges’ continuing power, and the lack of political appetite to increase control over them (at least in Canada), it is natural that attention has turned to the process by which persons are nominated and ultimately appointed to the bench.
    [Show full text]
  • Conservatives, the Supreme Court of Canada, and the Constitution: Judicial-Government Relations, 2006–2015 Christopher Manfredi Mcgill University
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by York University, Osgoode Hall Law School Osgoode Hall Law Journal Article 6 Volume 52, Issue 3 (Summer 2015) Conservatives, the Supreme Court of Canada, and the Constitution: Judicial-Government Relations, 2006–2015 Christopher Manfredi McGill University Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Part of the Law Commons Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Manfredi, Christopher. "Conservatives, the Supreme Court of Canada, and the Constitution: Judicial-Government Relations, 2006–2015." Osgoode Hall Law Journal 52.3 (2015) : 951-984. http://digitalcommons.osgoode.yorku.ca/ohlj/vol52/iss3/6 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Conservatives, the Supreme Court of Canada, and the Constitution: Judicial-Government Relations, 2006–2015 Abstract Three high-profile government losses in the Supreme Court of Canada in late 2013 and early 2014, combined with the government’s response to those losses, generated a narrative of an especially fractious relationship between Stephen Harper’s Conservative government and the Court. This article analyzes this narrative more rigorously by going beyond a mere tallying of government wins and losses in the Court. Specifically, it examines Charter-based invalidations of federal legislation since 2006, three critical reference opinions rendered at the government’s own request, and two key judgments delivered in the spring of 2015 concerning Aboriginal rights and the elimination of the long-gun registry.
    [Show full text]
  • The Honourable Charles Doherty Gonthier, Formerly a Justice of the Supreme Court of Canada, Passed Away in Montreal, Quebec, on July 17, 2009
    FOR IMMEDIATE RELEASE OTTAWA, July 20, 2009 – The Honourable Charles Doherty Gonthier, formerly a Justice of the Supreme Court of Canada, passed away in Montreal, Quebec, on July 17, 2009. Born in Montreal, Justice Gonthier received his Bachelor of Civil Law from McGill University. He was called to the Bar of Quebec in 1952, and subsequently practised law, first with the firm of Hackett, Mulvena & Laverty, and then with the firm of Hugessen, Macklaier, Chisholm, Smith & Davis, later known as Laing, Weldon, Courtois, Clarkson, Parsons, Gonthier & Tétrault. Justice Gonthier was appointed to the Quebec Superior Court in 1974, and elevated to the Quebec Court of Appeal in 1988. Less than a year later, on February 1, 1989, he was appointed to the Supreme Court of Canada. He served on the Supreme Court of Canada for fourteen years, retiring on August 1, 2003. Since his retirement, Justice Gonthier served as counsel in the law firm of McCarthy Tétrault, as Chair of the Board of Governors of the Centre for International Sustainable Development Law at the Law Faculty of McGill University, and as Commissioner of the Communications Security Establishment. Chief Justice Beverley McLachlin, on behalf of the members of the Supreme Court of Canada, mourned Justice Gonthier’s passing, “Charles Gonthier was an eminent and highly respected Canadian jurist. His development of the notions of equity and good faith, particularly in the area of contract law, has benefited all Canadians. But Justice Gonthier’s contributions extended far beyond the courtroom. His active dedication to the arts, and to issues such as sustainable development, demonstrated a unique interest in the welfare of both current and future generations.
    [Show full text]
  • Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par
    CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT 2017 CanLIIDocs 227 VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY 2017 CanLIIDocs 227 Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays
    [Show full text]
  • Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par
    CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays by a Very Public 41 Edited by John
    [Show full text]
  • An Unlikely Maverick
    CANADIAN MAVERICK: THE LIFE AND TIMES OF IVAN C. RAND 795 “THE MAVERICK CONSTITUTION” — A REVIEW OF CANADIAN MAVERICK: THE LIFE AND TIMES OF IVAN C. RAND, WILLIAM KAPLAN (TORONTO: UNIVERSITY OF TORONTO PRESS FOR THE OSGOODE SOCIETY FOR CANADIAN LEGAL HISTORY, 2009) When a man has risen to great intellectual or moral eminence; the process by which his mind was formed is one of the most instructive circumstances which can be unveiled to mankind. It displays to their view the means of acquiring excellence, and suggests the most persuasive motive to employ them. When, however, we are merely told that a man went to such a school on such a day, and such a college on another, our curiosity may be somewhat gratified, but we have received no lesson. We know not the discipline to which his own will, and the recommendation of his teachers subjected him. James Mill1 While there is today a body of Canadian constitutional jurisprudence that attracts attention throughout the common law world, one may not have foreseen its development in 1949 — the year in which appeals to the Judicial Committee of the Privy Council (Privy Council) were abolished and the Supreme Court of Canada became a court of last resort. With the exception of some early decisions regarding the division of powers under the British North America Act, 1867,2 one would be hard-pressed to characterize the Supreme Court’s record in the mid-twentieth century as either groundbreaking or original.3 Once the Privy Council asserted its interpretive dominance over the B.N.A.
    [Show full text]
  • FORFEITED Civil Forfeiture and the Canadian Constitution
    FORFEITED Civil Forfeiture and the Canadian Constitution by Joshua Alan Krane A thesis submitted in conformity with the requirements for the degree of Master of Laws Graduate Department of the Faculty of Law University of Toronto © Copyright by Joshua Alan Krane (2010) FORFEITED Civil Forfeiture and the Canadian Constitution Joshua Alan Krane, B.Soc.Sc., B.C.L/LL.B. Master of Laws Faculty of Law University of Toronto 2010 Abstract The enactment of civil asset forfeiture legislation by Alberta and Ontario in the fall of 2001, followed by the passage of similar legislation in five other provinces, has signalled a dramatic change in the way Canadian constitutional law ought to be understood. This thesis builds on American legal scholarship by highlighting how deficiencies in Canada’s constitutional law could create space for more inva- sive civil forfeiture statutes. Following a historical overview of forfeiture law in Canada, the thesis (i) examines how the Supreme Court of Canada mischaracter- ized this legislation as a matter of property and civil rights; (ii) considers whether the doctrine of federal paramountcy should have rendered the legislation inoper- able and the consequences of the failure by the Court to do so; and (iii) evaluates -ii- the impact of the absence of an entrenched property right in the constitution, in regard to this matter. -iii- Table of Contents INTRODUCTION................................................................................................. 1 The Aim of this Project..............................................................................
    [Show full text]
  • Medical Assistance in Dying: Journey to Medical Self-Determination
    JOURNEY TO MEDICAL SELF-DETERMINATION 777 MEDICAL ASSISTANCE IN DYING: JOURNEY TO MEDICAL SELF-DETERMINATION ROSE M. CARTER, Q.C. AND BRANDYN RODGERSON* In 2016, the Supreme Court of Canada struck down the laws criminalizing medical assistance in dying (MAID) in Carter v. Canada (Attorney General). In this article, the authors discuss the historical prohibition on MAID in Canada, the important change in the law represented by Carter, and Bill C-14, the federal government’s legislative response to the Supreme Court’s verdict. The authors explain the new MAID regime created by Bill C-14 and discuss the various issues raised by the new legislation, including the possibly unconstitutional exclusion of patients not suffering from terminal conditions, problems of certainty in determining when death is “reasonably foreseeable,” problems related to patients’ mental capacity, and the need for effective data collection. TABLE OF CONTENTS I. INTRODUCTION ............................................. 777 II. HISTORY OF ASSISTED DEATH IN CANADA ........................ 779 A. TERMINOLOGY ......................................... 779 B. THE HISTORY OF SECTION 241 OF THE CRIMINAL CODE .......... 780 C. BILL C-14 ............................................ 790 III. THE CURRENT MAID REGIME ................................. 793 A. LEGISLATIVE ELIGIBILITY REQUIREMENTS ................... 793 B. FIRST STAGE: REQUESTING MAID.......................... 795 C. SECOND STAGE: ASSESSMENTS FOR ELIGIBILITY ............... 796 D. FINAL STAGE: ENGAGING MAID..........................
    [Show full text]
  • The Influence of Stare Decisis on Judicial Decision-Making
    University of Windsor Scholarship at UWindsor Electronic Theses and Dissertations Theses, Dissertations, and Major Papers 2005 Taking precedents seriously: The influence of stare decisis on judicial decision-making. Mark Chalmers University of Windsor Follow this and additional works at: https://scholar.uwindsor.ca/etd Recommended Citation Chalmers, Mark, "Taking precedents seriously: The influence of stare decisis on judicial decision-making." (2005). Electronic Theses and Dissertations. 3718. https://scholar.uwindsor.ca/etd/3718 This online database contains the full-text of PhD dissertations and Masters’ theses of University of Windsor students from 1954 forward. These documents are made available for personal study and research purposes only, in accordance with the Canadian Copyright Act and the Creative Commons license—CC BY-NC-ND (Attribution, Non-Commercial, No Derivative Works). Under this license, works must always be attributed to the copyright holder (original author), cannot be used for any commercial purposes, and may not be altered. Any other use would require the permission of the copyright holder. Students may inquire about withdrawing their dissertation and/or thesis from this database. For additional inquiries, please contact the repository administrator via email ([email protected]) or by telephone at 519-253-3000ext. 3208. TAKING PRECEDENTS SERIOUSLY: THE INFLUENCE OF STARE DECISIS ON JUDICIAL DECISION-MAKING by Mark Chalmers A Thesis Submitted to the Faculty of Graduate Studies and Research through Political Science in Partial Fulfillment of the Requirements for the Degree of Master of Arts at the University of Windsor Windsor, Ontario, Canada 2005 © 2005 Mark Chalmers Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
    [Show full text]
  • THE Osgoode@125 INDEX
    Osgoode Hall Law School of York University Osgoode Digital Commons Osgoode@125 Supporting Material Osgoode@125 2014 The sO goode@125 Index Osgoode Hall Law School of York University Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/supporting125 Recommended Citation Osgoode Hall Law School of York University, "The sgO oode@125 Index" (2014). Osgoode@125 Supporting Material. Paper 1. http://digitalcommons.osgoode.yorku.ca/supporting125/1 This Article is brought to you for free and open access by the Osgoode@125 at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode@125 Supporting Material by an authorized administrator of Osgoode Digital Commons. THE Osgoode@125 INDEX 6066_York_Osgoode Brief Fall 2014_FA.indd 10 2014-09-26 3:07 PM THE SCHOOL: 1. Number of years Osgoode Hall Law School was the only accredited law school in Ontario: 70 (1889–1959) 2. Number of years Osgoode was known as simply “the Law School” or “The Ontario Law School” before being named Osgoode Hall Law School: 35 3. Number of attempts to create a law school before the permanent establishment of Osgoode Hall Law School in 1889: 3 4. Year of the first attempt to establish a law school in Ontario: 1862 5. Year John A. MacDonald was awarded the degree of “Barrister at Law” by Osgoode Hall: 1836 6. Rank of Osgoode among the oldest common law schools in Canada: 2 7. Rank of Osgoode among the largest common law schools in Canada in 2014: 1 8. Number of students in JD, LLM or PhD programs in 2014: 1300 9.
    [Show full text]