Law, Politics and the Judicial Process in Canada Book

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	Preface
1	The Rule of Law in the Canadian Constitution	1
1.1	Roncarelli v. Duplessis	7
1.2	Of the Extent of the Legislative Power	12
1.3	The Declaration of Independence	14
1.4	The Rule of Law	15
1.5	The Independence of the Judiciary	18
1.6	Key Terms	19
2	Political Jurisprudence	21
2.1	Two Models of Judicial Decision-Making	27
2.2	Will Women Judges Really Make a Difference?	34
2.3	Harrison v. Carswell	34
2.4	Re Constitution of Canada 1981: The Patriation Reference	37
2.5	Key Terms	45
3	The Canadian Judicial System	47
3.1	The Role and Functions of Final Appellate Courts: The Supreme Court of Canada	53
3.2	Constitution Act, 1867, ss. 96-101	63
3.3	The Canadian Judicial System	64
3.4	The Criminal and Civil Court Processes	67
3.5	Key Terms	68
4	Judicial Recruitment and Selection	69
4.1	Patronage in Judicial Appointments	84
4.2	Mulroney's Judicial Appointments and the New Judicial Advisory Committees	88
4.3	Will Women Judges Really Make a Difference?	92
4.4	A "Gender Patronage" for Judges?	97
4.5	Judicial Appointments in Great Britain	99
4.6	Judicial Appointments in the United States: The Judge Bork Affair	106
4.7	Debate: Should There be Confirmation Hearings for Supreme Court Judges?	117
	Affirmative	117
	Negative	120
4.8	Key Terms	122
5	Judicial Independence, Ethics, and Discipline	123
5.1	The Independence of the Judidary	131
5.2	Hickman v. MacKeigan	137
5.3	The Berger Affair	147
5.4	The Meaning and Scope of Judidal Independence	154
5.5	Report to the Canadian Judicial Council re the Conduct of Judges Involved in the Donald Marshall Prosecution	159
5.6	Administrative Independence: Concerns of the Canadian Judiciary	163
5.7	Are Canadian Judges Independent Enough?	167
5.8	Key Terms	175
6	Access to Judicial Power	177
6.1	Constitutional References	185
6.2	Minister of Justice of Canada v. Borowski	194
6.3	Borowski v. Attorny-General of Canada	200
6.4	Operation Dismantle v. The Queen	209
6.5	Interventions and the Public Interest	218
6.6	Intervenors and the Charter	224
6.7	Key Terms	227
7	Interest Groups and Litigation	229
7.1	Equality Rights and Legal Action	234
7.2	The Women's Legal Education and Action Fund	242
7.3	The Court Challenges Program	251
7.4	Operation Dismantle v. The Queen	255
7.5	The NCC Challenges the Canada Elections Act	255
7.6	Class Actions as a Regulatory Instrument	261
7.7	Debate: Should Access to Class Actions be Expanded?	267
	Affirmative	267
	Negative	270
7.8	Key Terms	274
8	Fact Finding in the Courts	275
8.1	Fact Finding in Adjudication	282
8.2	The Anti-Inflation Case: The Anatomy of a Constitutional Decision	286
8.3	The Institutional Capacity of the Court	287
8.4	Social Facts, Court Delay and the Charter	290
8.5	Key Terms	300
9	Precedents, Statutes, and Legal Reasoning	301
9.1	Stare Decisis: The Use of Precedents	306
9.2	The Duty of a Court	309
9.3	Architect of the Common Law	309
9.4	Boucher v. the King	316
9.5	Regina v. Qjibway	320
9.6	Policy-Making by Exegesis: The Abolition of "Mandatory Retirement" in Manitoba	322
9.7	Key Terms	337
10	Judicial Review and Federalism	339
10.1	The Origins of Judicial Review in Canada	348
10.2	The "Living Tree" Approach to Interpreting the BNA Act	358
10.3	The "Watertight Compartments" Approach to Interpreting the BNA Act	358
10.4	The Anti-Inflation Case: The Anatomy of a Constitutional Decision	359
10.5	Does Federalism Review Matter?	384
10.6	Re Constitution of Canada 1981: The Patriation Reference	394
10.7	Key Terms	394
11	Judicial Review and Civil Liberties	395
11.1	Of the Extent of the Legislative Power	406