This collection provides substantial excerpts from many of the most important and philosophically thought-provoking cases in Canadian law, as well as other materials of legal and philosophical interest. Topics include constitutional law, fundamental freedoms, equality, procedural justice, civil and criminal responsibility, and Indigenous rights to self-determination. All cases have been edited to present key legal principles and methods of judicial reasoning in action, showing important decisions in Canadian law and the way those decisions were made. A glossary of common legal terms and the Canadian Charter of Rights and Freedoms are also included.
This sixth edition adds sixteen cases, a new section on the extraterritorial application of Canadian law, and coverage of other emerging issues such as judicial use of artificial intelligence.
Comments
“Canadian Cases in the Philosophy of Law is the ultimate resource for anyone interested in learning about the distinctive features of Canadian law. The updated sixth edition engages with new cases and changes in both the law and legal theory. Readers are expertly guided by Keith Culver and Michael Guidice’s clear and thoughtful introductions to concepts and debates surrounding the most important legal decisions shaping Canadian law society.” — Violetta Igneski, Department of Philosophy, McMaster University
“The sixth edition of Canadian Cases in the Philosophy of Law provides an excellent introduction to the deepest issues in the philosophy of law. It improves upon the fifth edition with a judicious selection of important new cases on timely topics such as artificial intelligence and extraterritoriality. Philosophers and theoretically inclined lawyers alike will continue to learn much from this excellent new edition of a long-respected text.” — Malcolm Thorburn, Faculty of Law, University of Toronto
“This well-edited volume presents a thoughtfully curated collection of the Canadian judiciary’s most philosophically rich and significant decisions. It serves as an accessible point of entry into the kinds of pressing philosophical questions that confront modern legal systems, while also illustrating the breadth and variety of such questions, from the classic to the cutting-edge.” — Stephen Bero, Department of Philosophy, Simon Fraser University
Preface to the Sixth Edition
Introduction
- 1. Courts and Cases
- 2. Characteristics of Courts
- 3. How Courts Interpret Law
- 4. Court Participants
- 5. Sources of Law
- 6. The Canadian Charter of Rights and Freedoms
- 7. An Evolving Supreme Court and Constitution
- 8. A Quick Overview of the Parts of the Book
- 9. Reading Excerpts
- Suggested Readings
PART I: Constitutional Law
A: The Constitution
- Reference Re Resolution to Amend the Constitution of Canada
- Edwards v. Attorney-General of Canada
- Reference Re Manitoba Language Rights
B: The Scope and Operation of the Charter
- R. v. Oakes
- Dickson v. Vuntut Gwitchin First Nation
C: The Modern Constitution
- Reference Re Secession of Quebec
- Reference re An Act respecting First Nations, Inuit and Métis children, youth and families
- Nevsun Resources Ltd. v. Araya
- Related Cases
PART II: Fundamental Freedoms
- R. v. Big M Drug Mart Ltd.
- R. v. Keegstra
- R. v. Butler
- Hansman v. Neufeld
- Saskatchewan (Human Rights Commission) v. Whatcott
- Related Cases
PART III: Equality Rights
- Andrews v. Law Society of British Columbia
- R. v. Kapp
- Eaton v. Brant County Board of Education
- R. v. Brown
- Eldridge v. British Columbia
- Related Cases
PART IV: Autonomy and Self-Determination
- Malette v. Shulman
- R. v. Morgentaler
- B. (R.) v. Children’s Aid Society of Metropolitan Toronto
- R. v. Latimer (Saskatchewan Court of Appeal)
- R. v. Latimer (Supreme Court of Canada)
- Starson v. Swayze
- Rodriguez v. Attorney-General of B.C.
- Carter v. Canada (Attorney General)
- Related Cases
PART V: Procedural Justice
- Roncarelli v. Duplessis
- Re B.C. Motor Vehicle Act
- Canada (Minister of Citizenship and Immigration) v. Vavilov
- Canadian Broadcasting Corp. v. Named Person
- Related Cases
PART VI: Responsibility
A: Criminal Responsibility and Defence
- R. v. City of Sault Ste. Marie
- R. v. Hundal
- Perka v. The Queen
- R. v. Lavallee
- R. v. Malott
- R. v. Ewanchuk
- R. v. Déry
B: Liability in Private Law
- Cook v. Lewis
- Norberg v. Wynrib
- Crocker v. Sundance Northwest Resorts Ltd.
C: Punishment
- R. v. Proulx
- Sauvé v. Canada (Chief Electoral Officer)
- R. v. Bissonnette
- Related Cases
PART VII: Indigenous Issues
- R. v. Sparrow
- Tsilhqot’in Nation v. British Columbia
- Letter of Understanding between the Tsilhqot’in Nation and Canada
- Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)
- K’omoks First Nation v. Thordarson and Sorbie
- Related Cases
PART VIII: Extraterritoriality and Emerging Issues
- Canada (Justice) v. Khadr
- R v. Desautel
- R. v. Bykovets
- R. v. Kahsai
- Guidelines for the Use of Artificial Intelligence in Canadian Courts
- Related Cases
Appendix: Canadian Charter of Rights and Freedoms
Glossary
Keith C. Culver is Professor of Management at the University of British Columbia’s Okanagan Campus. Michael Giudice is Professor of Philosophy at York University. Culver and Giudice are editors of Readings in the Philosophy of Law, fourth edition (Broadview Press, 2026), and authors of The Unsteady State: General Jurisprudence for Dynamic Social Phenomena (Cambridge UP, 2017).J.E. Bickenbach is Professor Emeritus of Philosophy at Queen’s University in Kingston, Ontario, and Professor of Health Sciences at the University of Lucerne, Switzerland.
