Taking the Charter to Court

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.

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).

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.