This book took a long time to write not because of writers block or because the Author was lazy but because it was started fifteen years before the evil done affected the victim sufficiently that its true nature could be demonstrated and because the impediments placed in the path of one who wants to tell his story in Ireland, if it is not popular, are great. It is an indictment of the ones who done the harm and a tribute to the ones that live amongst them.

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).

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.

Nobody talks about common laws anymore. We should because the true balance of power in a Democracy is the distinction between common law and statutory law. Does that balance still exist? No, because with each passing day the principles and values upon which the United States was founded are being eroded. Federal and judicial manipulation has made the Constitution/Bill of Rights nearly irrelevant.

As Americans, we are the most powerful citizens in the world. We can choose our own representatives. We can choose to acquire as much knowledge as we desire. We can choose to worship God in our own way. We can choose to turn our ideas into reality. We have opportunities tha went undreamt of before 1776 and unrealized in much of the world today. We have the power to choose an environment that encourages respect and integrity.

For 200 years people had the protection of the Constitution/Bill of Rights. We educated our children, we exercised our religion, we had the freedom to speak our minds, we had property rights, we could not be subjected to double jeopardy, and the states had authority. We had common laws. For 200 years we were a people.

Times have changed. We have lost that power. States must educate our children in a costly federally mandated manner, our property rights are controlled by tax laws and use constraints, and when and where we choose to exercise our beliefs is governed. We may not voice objections openly or express our opinion unless it is "politically correct." We are tried on the state and federal levels for the same crime, and the states' Constitutional power has been suspended by overreaching federal power.

Our common laws and choices are now bound by federal dictate that is enlarged upon by lawyers, courts, bureaucrats, politicians and special interests with every passing day. We have lost our "democratic" privileges and rights.

What has this to do with our children? Everything.

If we continue to let the government usurp the power of the people, our children will never enjoy the freedoms the Founding Fathers won for us.

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.