This is a collection of Canadian legal decisions, mostly from the highest court of the land, that raise and respond to central issues in political and legal philosophy and social ethics. All the issues raised by these cases are current and controversial. They include: the scope of judicial review and legitimate powers of the courts; separation of powers; the nature and scope of rights of speech, association, Aboriginal rights, and legal protections in criminal prosecution; equality and its pursuit in a free and democratic society; autonomy and its protection; the nature of legal responsibility in criminal and tort law; and legitimate punishment.
This edition takes into account the many changes that have occurred in our court’s interpretation of the Charter of Rights and Freedoms. Twelve new cases have been added, as has a new section on “Group Self-Determination” that takes into account important changes in Aboriginal rights. Many of the cases from the previous edition have been re-edited and slightly expanded, with “follow up” cases included to reflect how they are now interpreted.
“Bickenbach’s new edition of Canadian Cases in the Philosophy of Law is without exception the most important sourcebook available in English for anyone seeking an introduction to the legal principles on which Canadian political and legal culture are based. I warmly recommend it to students and instructors alike."” — P.S. Eardley, University of Guelph
“As with previous editions, the fourth edition of Canadian Cases in the Philosophy of Law provides an invaluable tool for teaching philosophy of law. Bickenbach’s editing always leaves one with a clear sense of the moral, political, and philosophical stakes in the practice of law. He combines a great eye for key passages in Canadian court decisions with a critical appreciation of emerging issues in life under law.” — Michael Giudice, York University
“The fourth edition of Jerome Bickenbach’s Canadian Cases in the Philosophy of Law continues to be one of the best texts for introducing students to Canadian jurisprudence.” — Karen Wendling, University of Guelph
Preface to the First Edition
Preface to the Second Edition
Preface to the Third Edition
Preface to the Fourth Edition
PART I: CONSTITUTIONAL LAW
A: The Constitution
- Reference Re Resolution to Amend the Constitution of Canada
Edwards v. Attorney-General Of Canada
The Queen In Right Of Canada v. Beauregard
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
Schachter v. Canada
Sauve v. Canada (Chief Electoral Officer)
PART II: FUNDAMENTAL FREEDOMS
- R. v. Big M Drug Mart Ltd.
R. v. Keegstra
Attis v. The Board Of School Trustees, District No. 15
R. v. Butler
RJR-Macdonald Inc. v. Attorney-General Of Canada
Native Women’s Association Of Canada v. Canada
PART III: EQUALITY RIGHTS
- Attorney-General Of Canada v. Lavell
Re Ontario Human Rights Commission et al. and Simpson-Sears Ltd.
Law Society Of British Columbia et al. v. Andrews et al.
Egan v. The Queen In Right Of Canada
Eaton v. Brant County Board Of Education
Law v. Canada (Minister of Employment and Immigration)
PART IV: AUTONOMY AND SELF-DETERMINATION
A: Individual Autonomy
- Malette v. Schulman
R. v. Morgentaler
Attorney-General of B.C. v. Astaforoff
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.)
B: Group Self-Determination
- Mitchell v. Ministry of National Revenue
Arsenault-Cameron v. Prince Edward Island
PART V: PROCEDURAL JUSTICE
- Roncarelli v. Duplessis
Reference Re Section 94(2) of the Motor Vehicle Act
Re Singh and Minister of Employment and Immigration
Carosella v. The Queen
R. v. Heywood
Suresh v. Canada (Minister of Citizenship and Immigration)
PART VI: RESPONSIBILITY
A: Criminal Responsibility and Defence
- R. v. Machekequonabe
R. v. City of Sault Ste. Marie
Hundal v. The Queen
R. v. Jacob
Perka v. Regina
R. v. Lavallee and R. v. Malott
B: Liability In Private Law
- Cook v. Lewis
Marconato and Marconato v. Franklin
Norberg v. Wynrib
Crocker v. Sundance Northwest Resorts Ltd.
- R. v. Smith
Kindler v. Canada (Minister Of Justice) and U.S. v. Burns
R. v. Proulx
- Canadian Charter of Rights and Freedoms