If you'd rather place an order by talking to one of our cheerful order desk clerks, please call 1-888-232-4444 (USA and Canada only) or 250-383-6864. From Europe, ring our UK order desk clerk at local rate number 0845 230 9601 (UK only) or 44 (0)1865 722 113.

Taking the Charter to Court: A Practitioner's Analysis - Two Volume quality trade paperback (softcover) Student Edition

by Debra McAllister

1350 pages; quality trade paperback (softcover); catalogue #01-0059; ISBN 1-55212-658-7; US$84.00, C$96.00, EUR69.00, £48.50

This is the student edition of Taking the Charter to Court: A Practitioner's Analysis and comes as a set of 2 quality trade paperback (softcover) books which will not be supplemented.

Read more!

about the book      about the author      sample excerpts or Table of Contents      catalogue info

About the Book 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.

---

About the Author Debra M. McAllister is a Senior Counsel with the federal Department of Justice in Toronto. She served as a Law Clerk to the High Court of Justice following her call to the Bar of Ontario in 1982. She has practiced in civil litigation since then, initially in the private sector. She joined the Department of Justice in 1986, and has specialized in constitutional law for the past ten years. She has acted on behalf of the Attorney General of Canada on many complex and significant constitutional challenges before various courts.* Ms. McAllister holds an LL.M. in Constitutional Law, and has written extensively on Charter of Rights and litigation issues. She is the Managing Editor and co-founder of the National Journal of Constitutional Law. She has spoken on legal issues in various forums, and has conducted a variety of legal education presentations, including an annual Charter Conference for government lawyers. Ms. McAllister also holds the rank of Yondan (4th degree black belt) in the martial art of Yoshinkan Aikido, and is the co-founder and joint chief instructor of Kokoro Aikido Dojo. * The views expressed in the text are those of the author. The text does not in any way represent or reflect the views of the Department of Justice or the Government of Canada.

---

Abbreviated Table of Contents

TABLE OF CASES

PART A
INTRODUCTORY ISSUES

1.    APPLICATION OF THE CHARTER - SECTIONS 32 AND 33

2.    CHARTER INTERPRETATION AND ANALYSIS

PART B
BREACH OF RIGHTS

3.    FREEDOM OF CONSCIENCE AND RELIGION - SECTION 2(a)

4.    FREEDOM OF THOUGHT, BELIEF, OPINION AND EXPRESSION - SECTION 2(b)

5.    FREEDOM OF THE PRESS - SECTION 2(b)

6.    PEACEFUL ASSEMBLY AND FREEDOM OF ASSOCIATION - SECTIONS 2(c) AND (d)

7.    DEMOCRATIC RIGHTS - SECTIONS 3 TO 5

8.    MOBILITY RIGHTS - SECTION 6

9.    LIFE, LIBERTY AND SECURITY OF THE PERSON - SECTION 7

10.    SEARCH AND SEIZURE - SECTION 8

11.    ARBITRARY DETENTION AND RIGHTS ON ARREST AND DETENTION - SECTIONS 9 AND 10

12.     CRIMINAL PROCEEDINGS - SECTION 11

13.    OTHER LEGAL RIGHTS - SECTIONS 12, 13 AND 14

14.    EQUALITY RIGHTS - SECTION 15

PART C - JUSTIFICATION

15.    JUSTIFICATION OF CHARTER BREACHES

PART D
ENFORCING CHARTER RIGHTS

16.    REMEDIES AND FORUM - SECTIONS 24 AND 52

17.    PRESENTING THE CASE

APPENDICES

INDEX

Sample Excerpt

---

Catalogue Information

---