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Controversies in the Common Law
Tracing the Contributions of Chief Justice Beverley McLachlin
Vanessa Gruben (Edited by), Graham Mayeda (Edited by), Owen Rees (Edited by)
9781487540722
Hardback, published 13 November 2022
360 pages, 1 figure
23.5 x 15.9 x 2.5 cm, 0.64 kg
Beverley McLachlin was the first woman to be chief justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative law, and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
Introduction: Controversies in the Common Law—Innovative Solutions and Future Challenges at the Supreme Court of Canada 1. Reflecting on the Legacy of Chief Justice Mclachlin 2. Justice Beverley McLachlin and Tort Law: The Good, the Bad, and the Puzzling 3. Evaluating Chief Justice McLachlin’s Decisions on "Residual Policy Considerations" in Negligence 4. Controversey Resolved: Chief Justice Mclachlin, Personal Autonomy, & Unjust Enrichment 5. Selective Deference and the Judicial Role: Chief Justice McLachlin’s Legacy for Law and Legal Education 6. Combatting Stereotyping & Facilitating Justice: McLachlin’s Vision for the Law of Evidence 7. The Continuity of Private and Public Law Reasoning in Chief Justice McLachlin’s Criminal Law Judgments 8. Less is More: Chief Justice McLachlin and Criminal Law Minimalism 9. Controversies in the Common Law of Judicial Review: Tracing the Contributions of Chief Justice McLachlin 10. The McLachlin Court and the Concept of Open Justice
Vanessa Gruben, Graham Mayeda and Owen Rees
Lady Brenda Hale, Baroness of Richmond, President of the Supreme Court of the United Kingdom
Bruce Feldthusen
Erika Chamberlain
Mitchell McInnes
David Sandomierski
David M. Tanovich
Graham Mayeda
Matthew R. Gourlay
Adam Goldenberg
Eszter Bodnar