Courting UnderstandingGoverning from the Bench: The Supreme Court of Canada and the Judicial Role. By Emmett Macfarlane. Vancouver: University of British Columbia Press, 2013. 264 pp. $95.00 (cloth) ISBN 9780774823500. $34.95 (trade) ISBN 9780774823517.Law, Ideology and Collegiality: Judicial Behavior in the Supreme Court of Canada. By Donald R. Songer, Susan W. Johnson, C.L. Ostberg, and Matthew E. Wetstein. Montreal: McGill-Queen’s University Press, 2012. 240 pp. $95.00 (cloth) ISBN 9780773539280. $29.95 (trade) ISBN 9780773539297.

2015 ◽  
Vol 49 (1) ◽  
pp. 251-263
Author(s):  
Peter McCormick
Keyword(s):  
British Columbia ◽  
Supreme Court ◽  
Judicial Behavior ◽  
Supreme Court Of Canada ◽  
University Of British Columbia ◽  
The Supreme Court ◽  
Queen's University ◽  
Judicial Role

The Courts

2007 ◽  
Vol 40 (1) ◽  
pp. 249-250
Author(s):  
Ran Hirschl
Keyword(s):  
British Columbia ◽  
Supreme Court ◽  
Judicial Review ◽  
Political Institutions ◽  
Supreme Court Of Canada ◽  
Court System ◽  
University Of British Columbia ◽  
The Supreme Court

The Courts, Ian Greene, The Canadian Democratic Audit Series; Vancouver: University of British Columbia Press, 2006, pp. xvii, 182.This book is another welcome addition to the Canadian Democratic Audit Series. It sets out to assess the democratic credentials of Canada's judiciary—a most significant branch of government in post-1982 Canada. The book's approach is refreshing in several respects. Instead of the traditional focus on the well-rehearsed debate over the questionable democratic credentials of judicial review, the book attempts to evaluate the adequacy of the Canadian court system in relation to three basic tenets of democracy: participation, inclusiveness, and responsiveness. Unlike most accounts of Canadian political institutions, it pays due attention to elements of the court system beyond the Supreme Court of Canada. In so doing, Greene is able to assess more accurately whether the Canadian judiciary as a whole is living up to that set of reasonable democratic expectations.

scholarly journals The Last Word: Media Coverage of the Supreme Court of Canada, Florian Sauvageau, David Schneiderman and David Taras

2015 ◽  
pp. 459
Author(s):  
Michael E. Deturbide
Keyword(s):  
British Columbia ◽  
Supreme Court ◽  
Media Coverage ◽  
Supreme Court Of Canada ◽  
University Of British Columbia ◽  
The Supreme Court

Book review of <i>The Last Word: Media Coverage of the Supreme Court of Canada,</i> Florian Sauvageau, David Schneiderman and David Taras (Vancouver: University of British Columbia Press, 2006).

scholarly journals Settling the Fisheries: Pre-Confederation Crown Policy in Upper Canada and the Supreme Court's decisions in R. v. NIKAL and LEWIS

2014 ◽  
Vol 31 (1) ◽  
pp. 87-172
Author(s):  
Peggy J. Blair
Keyword(s):  
British Columbia ◽  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Upper Canada ◽  
Aboriginal Rights ◽  
Fishing Rights ◽  
The Supreme Court ◽  
The Subject

Although a casual reading of the Supreme Court of Canada's decisions in R. v. Nikal and R. v. Lewis might suggest otherwise, this article will argue that Court's decisions in two recent British Columbia aboriginal fishing cases do not apply in Ontario. In doing so, it will be shown that the Supreme Court of Canada relied on evidence of historic Crown policies towards aboriginal fishing rights in Upper Canada in the absence of appropriate context as to when, how and why those policies evolved. As a result, the Court wrongly concluded that fisheries could not be the subject of exclusive aboriginal rights.

scholarly journals BC Teachers’ Federation v British Columbia: The Supreme Court Takes a School Holiday

2018 ◽  
Vol 73 (3) ◽  
pp. 603-616
Author(s):  
Eric Tucker
Keyword(s):  
British Columbia ◽  
Political Economy ◽  
Public Sector ◽  
Supreme Court ◽  
Industrial Relations ◽  
Supreme Court Of Canada ◽  
Labour Rights ◽  
The Supreme Court ◽  
Public Sector Workers

Summary Constitutional labour rights in Canada now protect workers’ freedom to organize and bargain collectively and to strike. These associational freedoms are especially important for public sector workers, the most frequent targets of legislation limiting their freedoms. However, the Supreme Court of Canada judgments recognizing these rights and freedoms have also introduced important ambiguities about their foundation, scope and level of protection. This brief comment locates these ambiguities in the context of Canada’s political economy and industrial relations regime, which are beset by contradiction and conflict. It then explores the origins and development of the jurisprudential ambiguities in constitutional labour rights through a survey of recent Supreme Court of Canada’s labour rights judgments, including most recently British Columbia Teachers’ Federation and British Columbia (2016).

scholarly journals Be careful what you promise: Proprietary estoppel in Cowper-Smith v Morgan

2018 ◽  
Author(s):  
Jason Chin
Keyword(s):  
British Columbia ◽  
Property Rights ◽  
Supreme Court ◽  
Supreme Court Of Canada ◽  
Canadian Experience ◽  
The Supreme Court ◽  
The Law ◽  
Court Of Appeal

Proprietary estoppel provides one of equity’s most powerful remedies. Estoppel is an equitable doctrine which arises when one party acts on the reliance of the promise of another. The promise and corresponding reliance creates a quasi-contract with reliance acting as an alternative to the consideration usually required in contracts. Proprietary estoppel is distinct from other equitable estoppels in that a proprietary estoppel can act as a ‘sword’ and form the basis of a cause of action. If all of the parts of proprietary estoppel are made out, a court can modify or create property rights to satisfy the equity.With regard to the Canadian experience, the Court of Appeal for Ontario recently noted that proprietary estoppel has received “somewhat uneven treatment in Canada.” It is within this context that the Court of Appeal for British Columbia split on the proper scope for the Supreme Court of Canada. In Cowper-Smith v Morgan, the Supreme Court of Canada has both clarified the test for — and arguably expanded the scope of — proprietary estoppel in the context of promises exchanged between children over their mother’s care during her lifetime. The fact that a party lacks an interest in the disputed property at the time of the promise does not negate the obligation of fulfilling the promise. Instead, when the party responsible for the expectation has or acquires sufficient interest in the property, proprietary estoppel will attach to that interest and protect the equity. This article will discuss the law of proprietary estoppel in other jurisdictions and how the Supreme Court of Canada has infused this remedy with greater flexibility to satisfy the equity.

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