Policy Change, Courts, and the Canadian Constitution

Emmett Macfarlane is an associate professor of political science at the University of Waterloo

 

Introduction: Judicial Policy Impact in Canada
Emmett Macfarlane (University of Waterloo)



PART I – Approaches and Theories of Policy Change



Chapter 1: Lessons from Public Policy Theories: Ask About Policy Change First, Courts Second
Minh Do (University of Toronto)



Chapter 2: Closing a Door but Opening a Policy Window: Legislating Assisted Dying in Canada
Dave Snow (University of Guelph) and Kate Puddister (University of Guelph)



Chapter 3: The Supreme Court of Canada, Judicial Remedies, and Punctuated Equilibrium
Marc Zanoni (University of Guelph)



PART II – Institutional Contexts



Chapter 4: The Charter, Policy, and Political Judgment
Janet Hiebert (Queen’s University)



Chapter 5: Collaborative Federalism and the Role of the Supreme Court of Canada
Robert Schertzer (University of Toronto)



Chapter 6: The Impact of Constitutional References on Institutional Reform
Kate Glover (Western University)



Chapter 7: The Desuetude of the Notwithstanding Clause – And How to Revive It
Richard Albert (University of Texas at Austin)



PART III – Policy Issues



Chapter 8: The Charter Beat: The Impact of Rights Decisions on Canadian Policing
Troy Riddell (University of Guelph) and Dennis Baker (University of Guelph)



Chapter 9: Protecting Against Cruel and Unusual Punishment: Section 12 of the Charter and Mandatory Minimum Sentences
Kate Puddister (University of Guelph)



Chapter 10: Third Party Policy and Electoral Participation after Harper v. Canada: A Triumph of Egalitarianism?
Erin Crandall (Acadia University) and Andrea Lawlor (Western University)



Chapter 11: Section 23 of the Charter and Official-Language Minority Instruction in Canada: The Judiciary’s Impact and Limits in Education Policymaking
Stéphanie Chouinard (Royal Military College of Canada)



Chapter 12: The Charter of the French Language and the Supreme Court of Canada: Assessing Whether Constitutional Design Can Influence Policy Outcomes
James B. Kelly (Concordia University)



Chapter 13: When is a Citizen No Longer a Citizen? Analyzing Constructions of Citizenship in Canada’s Judicial and Legislative Forums
Megan Gaucher (Carleton University)



Chapter 14: Taking the Harper Government’s Refugee Policy to Court
Chris Anderson (Wilfrid Laurier University) and Dagmar Soennecken (York University)



Chapter 15: Carter Conflicts: The Supreme Court of Canada’s Impact on Medical Assistance in Dying Policy
Eleni Nicolaides (University of Guelph) and Matthew Hennigar (Brock University)



Chapter 16: Canadian Abortion Policy and the Limitations of Litigation
Rachael Johnstone (Queen’s University)



Chapter 17: Contrasting Visions of Indigenous Rights, Recognition, and Territory: Assessing Crown Policy in the Context of Reconciliation and Historic Obligations
Michael McCrossan (University of New Brunswick)



Chapter 18: After Marriage Equality: Courting Queer and Trans Rights
Kyle Kirkup (University of Ottawa)



Conclusion: Policy Influence and Its Limits: Assessing the Power of Courts and the Constitution
Emmett Macfarlane (University of Waterloo)