Canadian Cases in the Philosophy of Law – Fifth Edition
  • Publication Date: May 15, 2018
  • ISBN: 9781554812714 / 1554812712
  • 424 pages; 6" x 9"

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Canadian Cases in the Philosophy of Law – Fifth Edition

  • Publication Date: May 15, 2018
  • ISBN: 9781554812714 / 1554812712
  • 424 pages; 6" x 9"

This is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix.

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Comments

“This is an excellent collection that serves as an accessible and illuminating introduction to issues in Canadian law and to puzzles about the nature of legal reasoning. The case excerpts are judiciously selected and the range of topics covered is impressive. The general introduction to the nature of legal disputes and the functioning of the court system will help those without a background in law to understand and appreciate important but unfamiliar features of the legal system.” — Colin Macleod, University of Victoria

Canadian Cases in the Philosophy of Law is an indispensable resource and guide for students, scholars, teachers of law and philosophy courses, and interested citizens. The updated fifth edition provides clear and thoughtful introductions to the main legal concepts and debates surrounding the most important Canadian legal decisions that have shaped Canadian legal and political culture and society.” — Violetta Igneski, McMaster University

“The fifth edition of Canadian Cases in the Philosophy of Law provides an excellent introduction to the deepest issues in the philosophy of law. It maintains the high standard of case editing from the earlier editions, but its great improvement is the new and extremely helpful editors’ introduction that sets the cases in their proper procedural and institutional context. Philosophers and theoretically inclined lawyers alike will learn much from this excellent new edition of a long-respected text.” — Malcolm Thorburn, University of Toronto

Introduction

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
    • Reference Re Secession of Quebec

    B: The Scope and Operation of the Charter

    • Retail, Wholesale and Department Store Union, Local 580 v.
    • Dolphin Delivery Ltd.
    • R. v. Oakes
    • Canada (Justice) v. Khadr

Related Cases

PART II: FUNDAMENTAL FREEDOMS

  • R. v. Big M Drug Mart Ltd.
  • R. v. Keegstra
  • R. v. Butler
  • Little Sisters Book and Art Emporium v. Canada (Minister of Justice)
  • R. v. Sharpe
  • Chaoulli v. Quebec (Attorney General)

Related Cases

PART III: EQUALITY RIGHTS

  • Andrews v. Law Society Of British Columbia
  • Eaton v. Brant County Board Of Education
  • Vriend v. Alberta
  • Law v. Canada (Minister of Employment and Immigration)
  • Reference Re ss. 193 and 195.1(1)(c) of the Criminal Code (Man.)
  • Canada (Attorney General) v. Bedford
  • Reference Re Same-Sex Marriage

Related Cases

PART IV: AUTONOMY AND SELF-DETERMINATION

  • Malette v. Shulman
  • R. v. Morgentaler
  • Rodriguez v. Attorney-General of B.C.
  • B. (R.) v. Children’s Aid Society of Toronto
  • R. v. Latimer (SCA) and R. v. Latimer (SCC)
  • Winnipeg Child And Family Services v. G. (D.F.)
  • Starson v. Swayze
  • Carter v. Canada (Attorney General)

Related Cases

PART V: PROCEDURAL JUSTICE

  • Roncarelli v. Duplessis
  • Re B.C. Motor Vehicle Act
  • R. v. Carosella
  • Suresh v. Canada (Minister of Citizenship and Immigration) and Report of the Committee Against Torture
  • Dunsmuir v. New Brunswick
  • R. v. J.H.S.

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 and R. v. Malott
    • R. v. Ewanchuk
    • R. v. JA

    B: Liability in Private Law

    • Cook v. Lewis
    • Marconato and Marconato v. Franklin
    • Norberg v. Wynrib
    • Crocker v. Sundance Northwest Resorts Ltd.

    C: Punishment

    • Kindler v. Canada (Minister Of Justice) and United States v. Burns
    • R. v. Proulx
    • Sauve v. Canada (Chief Electoral Officer)

Related Cases

PART VII. INDIGENOUS ISSUES

  • R. v. Machekequonabe
  • Mitchell v. MNR
  • R. v. Sparrow
  • Tsilhqot’in Nation v. British Columbia and Letter of Understanding Between the Tsilhqot’in Nation and Canada
  • Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)

Related Cases

PART VIII. INTERNATIONAL CASES

  • Trail Smelter Arbitration (United States v. Canada)
  • SS Lotus (France v. Turkey)
  • Legality of the Threat or Use of Nuclear Weapons
  • Accordance with International Law of the Unilateral Declaration of Independence in Respect Kosovo

Related Cases

Appendix: Canadian Charter of Rights and Freedoms

Glossary of Legal Terms

Keith Culver is Professor of Management at the University of British Columbia, Okanagan Campus. Michael Giudice is Associate Professor of Philosophy at York University. Jerome Bickenbach is Professor Emeritus of Philosophy at Queen’s University in Kingston, Ontario, and Professor of Health Sciences at the University of Lucerne, Switzerland.

  • — The only available anthology of Canadian cases in the philosophy of law.
  • — Includes 57 cases, 25 of which are new to this edition.
  • — A new section on Indigenous issues has been added.
  • — Several new foreign cases examine the role of international law.
  • — A thorough introduction enables novice readers to read and understand the included cases.
  • — The Canadian Charter of Rights and Freedoms is provided at the back of the book, as is a glossary of common legal terms.

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