The Canadian Charter of Rights and Freedoms is the part of the Constitution of Canada that protects fundamental human rights. Taking the Charter to Court: A Practitioner's Analysis is a comprehensive reference textbook on Charter law as articulated by the Supreme Court of Canada. The text is written from the perspective of a litigation lawyer to answer the question - "what do I have to prove?" Taking the Charter to Court begins with an overview of the general principles of when the Charter applies, and what analytical approach a court will take to a Charter claim. It then explores each of the rights and freedoms in sections 2 through 15 of the Charter, and how a breach of a Charter right can be justified under section 1. It concludes with some procedural and enforcement issues, such as where to launch a claim, what remedy to seek, and how to present the case. The text includes sufficient background to provide context, concise descriptions of the facts in the leading cases, and seminal quotes that capture the tone and essence of the Supreme Court's judgments.

The most important features that make this text an excellent research tool are the summaries that appear throughout, and the detailed table of contents that facilitates quick access to specific issues. The book can be used as a reference tool at any stage in the development of a constitutional case, as a starting point for further research on specific issues, or as a teaching text for students. It can also be used by people with no legal training, who want to know more about their rights. In addition, this book is a useful tool for countries that have adopted Constitutions based on our Charter, since they rely on the decisions of the Supreme Court of Canada to interpret their own rights and freedoms.

Taking the Charter to Court is current to September 2000. The book is available in two formats. The first is a one-volume hard cover loose leaf service, which will be supplemented annually. (Supplements are invoiced separately.)

The second format is a soft cover two volume perfect bound student edition, which will not be supplemented.

Taking the Charter to Court was originally published by Carswell in 1998; it was supplemented twice in 1999, but went out of print in April 2000. People who already have the original Carswell book may purchase the 2001 Release 1 Supplement to bring the text up to date (i.e. to September 2000).

Preface

In recent years the modern media has been shining a light on our public courtrooms. Sensational stories of greed and betrayal, murder and mystery captivate us as we are taken on inquisitive voyages through the legal process. We have seen how individual wealth can be a great equalizer against any publicly-funded judicial system. We have watched defense attorneys and prosecutors clamor for attention and notoriety on a number of cases. And while some may disagree with the public display our legal system is subject to, the unbridled scrutiny of the process has enhanced the level of fairness brought to these particular cases. To that extent, we should applaud the television pundits who regularly keep us abreast with checks and balances.

The fact is, what society is watching, and sometimes engaging in during these debates, is justice, just as it is administered in our criminal and civil courtrooms every day. Desensitization of the public, achieved through dehumanization and degradation of an accused or accuser, is a common strategy that is routinely practiced throughout our judicial process.

Whenever I find myself watching these intriguing debates, I always hear someone talk about due process. But when I found myself entangled in the justice system, absent any public scrutiny and without any means to pay for a defense, I discovered due process was not always present. And when it was not present, it was only replaced with one thing, undue process, or what I call poor man's justice.

Poor Man's Justice is a true story that takes the reader behind the closed doors of Canada's justice system. Unlike most true crime stories, this story is not about guilt or innocence. Instead, it shows the aftermath of sentencing, when a man who admitted guilt to the crime for which he is in jail, must struggle with a court, correctional, and parole process that punishes him for crimes he never committed, manipulating him emotionally and giving him no opportunity to confront his accusers and clear his name.

Poor Man's Justice raises a multitude of questions: What should happen when the justice system crosses the line into abusive behavior? Where does the responsibility for this abuse rest?

Why is there a lack of accountability in our courts, the Correctional Service of Canada and the parole process?

The strength and stature of a society are heightened when that society demonstrates a willingness to protect all of its citizens. To achieve this, it needs a judicial process that will look after victims' rights, while ensuring that the legal and civil rights of accused and incarcerated citizens are maintained.

So when a justice system abandons the fairness that should accompany due process, and instead tilts towards a better-safe-than-sorry philosophy, society quickly finds itself debating the meaning of the word "justice," which spawns a multitude of questions. What's right? What's wrong? What's fair? What's just? Who wins and who loses?

Poor Man's Justice illustrates the unfairness that has accompanied a slow and deliberate dismantling of due process in Canada's legal system. It is my hope that this book will help turn that tide and aid society as it searches for answers and directions that will protect the legal, civil, and human rights of all its citizens.

The Canadian Charter of Rights and Freedoms is the part of the Constitution of Canada that protects fundamental human rights. Taking the Charter to Court: A Practitioner's Analysis is a comprehensive reference textbook on Charter law as articulated by the Supreme Court of Canada. The text is written from the perspective of a litigation lawyer to answer the question - "what do I have to prove?" Taking the Charter to Court begins with an overview of the general principles of when the Charter applies, and what analytical approach a court will take to a Charter claim. It then explores each of the rights and freedoms in sections 2 through 15 of the Charter, and how a breach of a Charter right can be justified under section 1. It concludes with some procedural and enforcement issues, such as where to launch a claim, what remedy to seek, and how to present the case. The text includes sufficient background to provide context, concise descriptions of the facts in the leading cases, and seminal quotes that capture the tone and essence of the Supreme Court's judgments.

The most important features that make this text an excellent research tool are the summaries that appear throughout, and the detailed table of contents that facilitates quick access to specific issues. The book can be used as a reference tool at any stage in the development of a constitutional case, as a starting point for further research on specific issues, or as a teaching text for students. It can also be used by people with no legal training, who want to know more about their rights. In addition, this book is a useful tool for countries that have adopted Constitutions based on our Charter, since they rely on the decisions of the Supreme Court of Canada to interpret their own rights and freedoms.

How to Buy the Book

Taking the Charter to Court is current to September 2000. The book is available in two formats.

The first is this soft cover two volume perfect bound student edition, which will not be supplemented.

The second is a one-volume hard cover loose leaf service, which will be supplemented annually. (Supplements are invoiced separately.)

People who already have Taking the Charter to Court may purchase the current supplement (2001 - Release 1) to bring the text up to date.

The Canadian Charter of Rights and Freedoms is the part of the Constitution of Canada that protects fundamental human rights. Taking the Charter to Court: A Practitioner's Analysis is a comprehensive reference textbook on Charter law as articulated by the Supreme Court of Canada. The text is written from the perspective of a litigation lawyer to answer the question - "what do I have to prove?" Taking the Charter to Court begins with an overview of the general principles of when the Charter applies, and what analytical approach a court will take to a Charter claim. It then explores each of the rights and freedoms in sections 2 through 15 of the Charter, and how a breach of a Charter right can be justified under section 1. It concludes with some procedural and enforcement issues, such as where to launch a claim, what remedy to seek, and how to present the case. The text includes sufficient background to provide context, concise descriptions of the facts in the leading cases, and seminal quotes that capture the tone and essence of the Supreme Court's judgments.

The most important features that make this text an excellent research tool are the summaries that appear throughout, and the detailed table of contents that facilitates quick access to specific issues. The book can be used as a reference tool at any stage in the development of a constitutional case, as a starting point for further research on specific issues, or as a teaching text for students. It can also be used by people with no legal training, who want to know more about their rights. In addition, this book is a useful tool for countries that have adopted Constitutions based on our Charter, since they rely on the decisions of the Supreme Court of Canada to interpret their own rights and freedoms.

How to Buy the Book

Taking the Charter to Court is current to September 2000. The book is available in two formats. The first is a one-volume hard cover loose leaf service, which will be supplemented annually. (Supplements are invoiced separately.)

The second format is a soft cover two volume perfect bound student edition, which will not be supplemented.

People who already have Taking the Charter to Court may purchase the current supplement (2001 - Release 1) to bring the text up to date.