William R. McIntyre: Paladin of Common LawMcGill-Queen's Press - MQUP, 2000 - 248 σελίδες Using archival resources, interviews with contemporaries, and legal sources, W.H. McConnell traces McIntyre's personal evolution from defending the Charter as a workable counterpoint to established common law principles, to gradual disenchantment with its overuse, by many of his colleagues and the lower courts, for developing social policy. In retrospect McIntyre's reservations have been prophetic: the "interventionist" trend has given rise to considerable criticism of the court by legal professionals, the media, and the Canadian public. He remained, however, a staunch proponent of freedom of expression and, in the Andrews case, framed the pivotal definition of "equality rights" in s.15 of the Charter that is still prevalently applied in Canadian courts. McConnell is persuasive in connecting McIntyre's restrained approach to Charter jurisprudence, especially its relation to governmental legislation, with his upbringing in Moose Jaw during the Depression and his early career at the Bar. This is an original contribution to our understanding both of an important judge and an important era in Canadian legal history. |
Περιεχόμενα
Practice in Victoria | 21 |
A Judge in British Columbia | 37 |
The Supreme Court of Canada | 63 |
McIntyres Constitutional and QuasiConstitutional | 99 |
Criminal and Other Decisions | 153 |
The Charter of Rights and Freedoms | 185 |
The Summing Up | 215 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
abortion accused amendment Antonio Lamer applied appointed Beetz bench Bertha Wilson Bill McIntyre Bill of Rights Blakeney Brian Dickson British Columbia Canadian Bill Canadian Constitution Charter of Rights Chief Justice colleagues common law Constitution of Canada convention counsel Court of Appeal Court of Canada decision dissent Dolphin Delivery due process enacted entrenched equality rights Estey evidence federal government fundamental justice headnotes Human Rights Ibid issue judgment judicial jurisdiction jury Justice McIntyre Lamer Laskin later law school lawyers legislative legislature Liberal Madam Justice majority Martland McIntyre considers McIntyre's McKenzie ment Mimi Moose Jaw Morgentaler murder notwithstanding clause offence Ontario opinion Ottawa Parliament Patriation person picketing political powers Premier Prime Minister procedure provinces provincial consent provisions Quebec question reasonable Rights and Freedoms Ronald Martland rule section 2(b statute substantial Supreme Court tion Toronto trial judge Trudeau U.S. Supreme Court University of Saskatchewan Vancouver Victoria Wilson Yebes