POLIS 210: Canada and the World

This book joins the crucial debate about the Charter, the Court, and Canadian democracy, and was shortlisted for the Donner Prize in public policy when originally published. This revised edition updates the continued dialogue between the Court and Canadian governments and society over Charter issues, including recent dialogues about assisted dying and supervised injection sites. The Supreme Court on Trial makes an important contribution to understanding the role of the Court and the Charter in our democracy.

This book explains our right to freedom of expression, its limits, and how Canadian courts draw the line. How courts reach decisions is discussed in Freedom of Expression, an objective introduction for all readers to better understand how law and professional ethics impact those of us who would speak publicly as to issues of concern.

The Most Dangerous Branch shows that the Supreme Court has undermined our law and our democracy through decisions that were guided not by reasoned understanding of the principles of law but by the values of judges. Martin shows that Supreme Court judges have adopted an orthodoxy of moral relativism and identity politics that he likens to a secular state religion.

In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court's judicial activism. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament.

In this engaging and exhaustive examination of the critical role of the courts in shaping Canadian federalism, John Saywell argues that the courts always have and still do make law. Saywell begins his analysis by offering new evidence and insights on the structure of the 1867 constitution. Relying heavily on the voices of the actors themselves, his analysis moves beyond a simple examination of previously published reports and examines oral arguments before the Judicial Committee, largely from manuscripts.

Since the first edition of this popular textbook appeared in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. The book introduces students to issues raised by the new political role of Canadian judges. The revised and updated third edition features new introductions and new readings that deal with current issues in the realm of Canadian law and politics.