The Law of Habeas Corpus

Robert J. Sharpe

Oxford University Press

On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.

The Persons Case: The Origins and Legacy of the Fight for Legal Personhood (Osgoode Society for Canadian Legal History)

History

Patricia I. McMahon

Americas

University of Toronto Press, Scholarly Publishing Division

Injunctions and specific performance

Canada Law Book Ltd

The Charter of Rights and Freedoms

Kent Roach

Katherine E. Swinton

Constitutional Law

Irwin Law

Written by two of Canada's leading constitutional scholars, no other Canadian book provides such an accessible yet thorough and objective account of the Canadian Charter of Rights and Freedoms. The authors survey the manner in which Canadian courts have come to terms with a constitutionally entrenched bill of rights, focusing on the decisions of the Supreme Court of Canada. The purpose is to explain the Charter, its interpretation by the courts, and its practical application. There have been many significant developments in Charter jurisprudence since the publication of the fourth edition in 2009. The Supreme Court has revisited the fundamental issues concerning the interpretation of freedom of association, equality rights, and the reach of the protection accorded life, liberty, and security of the person. There have also been significant developments with regard to freedom of expression, freedom of religion and its relationship with the fair trial rights of the accused.

The Charter of Rights and Freedoms (Essentials of Canadian Law)

Written by two of Canada's leading constitutional scholars, no other Canadian book provides such an accessible yet thorough and objective account of the Canadian Charter of Rights and Freedoms. The authors survey the manner in which Canadian courts have come to terms with a constitutionally entrenched bill of rights, focusing on the decisions of the Supreme Court of Canada. The purpose is to explain the Charter, its interpretation by the courts, and its practical application.There have been many significant developments in Charter jurisprudence since the publication of the previous edition in 2013. This edition highlights new developments under section 7 of the Charter, including discussion of the landmark Bedford and Carter decisions and Parliament's replies to those decisions. It also features developments under section 1, including increased emphasis on the final balancing stage of the proportionality test in the 2016 case of R v KRJ. As always, many Charter decisions relate to the criminal process and they appear in this edition, including the new approach to trial in a reasonable time in Jordan, and a range of cases relating to mandatory sentences and retroactive punishment. The authors also consider the development in freedom of association jurisprudence to embrace not only rights of collective bargaining, but also the right to strike.

The Charter of Rights and Freedoms 6/E (Essentials of Canadian Law)

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Books by Robert J. Sharpe