Against Judicial Activism: The Decline of Freedom and Democracy in Canada |
| The Charter and expansive
versions of the federal and provincial human rights codes were supposed to
safeguard the human rights and fundamental freedoms of Canadians. Rory Leishman
argues that this experiment in radical constitutional reform has failed because
judicial activists and human rights adjudicators have read their ideological
preferences into the law rather than upholding the law as originally
understood. Against Judicial Activism cites numerous cases to support this argument. For instance, the British Columbia Human Rights Tribunal and Supreme Court read a ban on discrimination on the ground of transsexualism as being part of the province's human rights code. On the basis of this revision of the law, the tribunal ordered the Vancouver Rape Relief Society to pay $7,500 to a transsexual man in compensation for refusing to admit him into a training course for rape crisis counsellors. |
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| Leishman cautions that the proclivity of judges and adjudicators to
affect change from the bench compromises the rule of law, constricts the
historic rights and freedoms of Canadians, violates the separation of powers
under the Constitution, and subverts the democratic process. About the author: Rory Leishman is a former lecturer, political science, University of Western Ontario, the national affairs columnist for The London Free Press, and a frequent contributor to newspapers and magazines across Canada. He lives in Canada. Written by Rory Leishman. Published by McGill-Queens University Press, 2006. |
| Catalogue No. | 0-7735-3054-1 |
| Price | $44.95 |
| Format | Hardcover |
| Pages | 310 |
| Language | English only |
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| Price and availability subject to change.
Shipping and applicable taxes extra. Questions about this product? Please e-mail us. This page last modified: July 26, 2006 |
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