Canadian Cases in the Philosophy of Law - Fourth Edition

This is a collection of Canadian legal decisions, mostly from the highest court of the land, that raise and respond to central issues in political and legal philosophy and social ethics. All the issues raised by these cases are current and controversial. They include: the scope of judicial review and legitimate powers of the courts; separation of powers; the nature and scope of rights of speech, association, Aboriginal rights, and legal protections in criminal prosecution; equality and its pursuit in a free and democratic society; autonomy and its protection; the nature of legal responsibility in criminal and tort law; and legitimate punishment.

This edition takes into account the many changes that have occurred in our court's interpretation of the Charter of Rights and Freedoms. Twelve new cases have been added, as has a new section on “Group Self-Determination” that takes into account important changes in Aboriginal rights. Many of the cases from the previous edition have been re-edited and slightly expanded, with “follow up” cases included to reflect how they are now interpreted.

Jerome Bickenbach is Professor of Philosophy, Law, and Medicine at Queen’s University in Kingston, Ontario. He currently holds a Queen’s Research Chair and was a previous holder of a Killam Fellowship, working on the law and policy of health systems performance assessment. He is the co-author of Broadview’s Good Reasons for Better Arguments (1997) and the editor of Quality of Life and Human Difference: Genetic Testing, Health Care, and Disability (Cambridge University Press, 2005).