William R. McIntyre: Paladin of Common Law

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McGill-Queen's Press - MQUP, 2000 - 248 strani
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.

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Practice in Victoria
A Judge in British Columbia
The Supreme Court of Canada
McIntyres Constitutional and QuasiConstitutional
Criminal and Other Decisions
The Charter of Rights and Freedoms
The Summing Up
Avtorske pravice

Druge izdaje - Prikaži vse

Pogosti izrazi in povedi

O avtorju (2000)

W. H. McConnell is now professor emeritus of law at the University of Saskatchewan.

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