Value Change in the Supreme Court of Canada is a groundbreaking analysis of the degree to which Supreme Court decisions reflect the changing values of society over the past four decades. Focusing on three key areas of law: environmental disputes, free speech, and discrimination cases, Wetstein and Ostberg provide a revealing analysis of the language used by Supreme Court justices in landmark rulings in order to document the way that value changes are transmitted into the legal and political landscape. Bolstered by a comprehensive and nuanced blend of research methods, Value Change in the Supreme Court of Canada offers a sweeping analysis of pre- and post-Charter influences, one that will be of significant interest to political scientists, lawyers, journalists, and anyone interested in the increasingly powerful role of the Supreme Court.

This book provides a comprehensive exploration of ideological patterns of judicial behaviour in the Supreme Court of Canada. Relying on an expansive database of Canadian Supreme Court rulings between 1984 and 2003, the authors present the most systematic discussion of the attitudinal model of decision making ever conducted outside the setting of the US Supreme Court. The groundbreaking discussion of the viability of this model as a unifying theory of judicial behaviour in high courts around the world will be essential reading for a wide range of legal scholars and court watchers.

Good Government? Good Citizens? explores the evolving concept of the citizen in Canada at the beginning of this century. Three forces are at work in reconstituting the citizen in this society: courts, politics, and markets. Many see these forces as intersecting and colliding in ways that are fundamentally reshaping the relationship of individuals to the state and to each other. How has Canadian society actually been transformed? Is the state truly in retreat? Do individuals, in fact, have a fundamentally altered sense of their relationship to government and to each other? Have courts and markets supplanted representative politics regarding the expression of basic values? Must judicialized protection of human rights and minority interests necessarily mean a diminished concern for the common good on the part of representative politics? To what extent should markets and representative politics maintain a role in the protection of human rights and minority interests? Will representative politics ever hold the public trust again? Good Government? Good Citizens? responds to these questions. It does so by examining the altered roles of courts, politics, and markets over the last two decades. It then examines a number of areas to gauge the extent of the evidence regarding transformations that have occurred because of these changing roles. There are chapters on the First Peoples, cyberspace, education, and on an ageing Canada. The book concludes with reflections on the “good citizen” at the dawning of the new century. Of particular interest to professors and students of law and political science, Good Government? Good Citizens? will appeal to anyone interested in the changing face of Canada and its citizens.

The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.

Party systems. Party organization. For too long, scholars researching in these two areas have worked in isolation. This book bridges the divide by bringing together leading political scientists from both traditions to examine the intersection of rules, society, and the organization of parties within party systems. Blending theory and case studies, Parties and Party Systems builds upon the pioneering work of R. Kenneth Carty, whose ideas about brokerage politics have influenced a generation of scholars. The contributors explore four thematic pathways: How does brokerage work across lines of division in society? How do partisan teams hold together in the face of the centrifugal pressures that necessitate brokerage? How can parties withstand the complicated principal-agent relations that inevitably arise? And, how does the institutional context constrain a multitude of competing interests when it, itself, is quite fragile? By providing new perspectives on parties as organizations that exist within political systems and by raising key questions about the sustainability of brokerage politics, this volume will provoke theoretical reconsideration, prompt further integrative thinking, and inspire future research at the political organization-system nexus.

This book is based on the acknowledgment that climate change is a multifaceted challenge that requires action on the part of all stakeholders, including civil society, and the notion that climate change is at a tipping point with urgent measures needed in the next decade. Against this background, civil society is turning its attention to the courts as a means to directly influence climate action, partly because of the global scepticism towards the progress of global climate action, despite the ongoing implementation of the Paris Agreement. Focusing on the individual, broadly representing civil society, the book offers fresh perspectives on climate change litigation. While most of the literature on climate change litigation examines the same specific jurisdictions, mostly common law countries (US and Australia in particular), this book also considers specific countries in Asia, Africa and Latin America with little or no climate change litigation. It explores the reasons for the lack of litigation and discusses what measures should or could be taken to change this situation and push forward climate action. Unlike other literature on the subject, this book analyses climate change litigation using a scenario-based methodology. Combining rigorous academic analysis with a practical policy-oriented focus, the book provides valuable insights for a wide range of stakeholders interested in climate change litigation. It appeals to civil society organisations around the world, international organisations and law firms interested in climate change litigation.

Risk and Return for Regulated Industries provides a much-needed, comprehensive review of how cost of capital risk arises and can be measured, how the special risks regulated industries face affect fair return, and the challenges that regulated industries are likely to face in the future. Rather than following the trend of broad industry introductions or textbook style reviews of utility finance, it covers the topics of most interest to regulators, regulated companies, regulatory lawyers, and rate-of-return analysts in all countries. Accordingly, the book also includes case studies about various countries and discussions of the lessons international regulatory procedures can offer. - Presents a unified treatment of the regulatory principles and practices used to assess the required return on capital - Addresses current practices before exploring the ways methods play out in practice, including irregularities, shortcomings, and concerns for the future - Focuses on developed economies instead of providing a comprehensive global reviews - Foreword by Stewart C. Myers

The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.

In the mid-1980s, the Abella Commission on Equality in Employment and the federal Employment Equity Act made Canada a policy leader in addressing systemic discrimination in the workplace. More than twenty-five years later, Employment Equity in Canada assembles a distinguished group of experts to examine the state of employment equity in Canada today. Examining the evidence of nearly thirty years, the contributors – both scholars and practitioners of employment policy – evaluate the history and influence of the Abella Report, the impact of Canada's employment equity legislation on equality in the workplace, and the future of substantive equality in an environment where the Canadian government is increasingly hostile to intervention in the workplace. They compare Canada's legal and policy choices to those of the United States and to the UN Convention on the Rights of Persons with Disabilities, and examine ways in which the concept of employment equity might be expanded to embrace other vulnerable communities. Their observations will be essential reading for those seeking to understand the past, present, and future of Canadian employment and equity policy.