The Charter Revolution and the Court Party

"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." -- Leslie A. Pal, Carleton University

The Charter of Rights has transformed Canadian politics. The Supreme Court has used the Charter to change government policy on an ever-expanding list of controversial issues—abortion, aboriginal rights, gay rights, bilingualism, criminal law enforcement, and prisoner-voting. The Court has made itself the second most powerful institution in Canadian politics after the Federal Cabinet. Morton and Knopff demonstrate that the Court is not so much the cause as the means by which the Charter Revolution has been achieved. Behind the judges is a well orchestrated network of state-funded interest groups that use litigation and the media to achieve what they can't win through democratic elections.

CONTENTS 6 PREFACE 9 LIST OF ABBREVIATIONS 11 One: Introduction 13 Two: Judges and the Charter Revolution 33 Three: The Court Party 59 Four: The State Connection 87 Five: The Jurocracy 107 Six: Power Knowledge: The Supreme Court as the Vanguard of the Intelligentsia 129 Seven: What's Wrong with the Charter Revolution and the Court Party? 149 NOTES 167 LIST OF CASES CITED 202 SELECT BIBLIOGRAPHY 206 INDEX 219