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Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/29612

Title: Rights Without Remedies: The Court Party Theory and the Demise of the Court Challenges Program
Authors: Salter, Shannon
Advisor: Sossin, Lorne
Department: Law
Keywords: Court Challenges Program
access to justice
Charter of Rights and Freedoms
equality rights
Court Party Theory
litigation
intervener
intervenor
interest groups
judicial activism
judicial review
legal aid
section 15
s. 15
Rainer Knopff
Ian Brodie
F. L. Morton
CCP
human rights
statistics
study
quantitative
Issue Date: 25-Aug-2011
Abstract: The author argues that the Court Challenges Program’s 2006 cancellation was based on claims that judicial review is undemocratic, including those made by three academics, Rainer Knopff, F.L. Morton and Ian Brodie; the Court Party Theorists (the “CPT”). Through a study of Charter equality cases, this paper examines the CPT’s arguments regarding judicial activism, interest groups and interveners and finds they are largely unsupported by statistical evidence. Further, the debate about judicial review and democracy obscures judicial review’s important auditing function over the legislature’s constitutional adherence. This audit depends on individuals’ capacity to pursue Charter litigation, an ability compromised by the access to justice crisis. The author examines this crisis and the efforts to fill the funding gap left by the CCP’s cancellation and concludes that a publicly-funded program like the CCP is best-placed to ensure that the Charter remains a relevant tool for enforcing fundamental human rights in Canada.
URI: http://hdl.handle.net/1807/29612
Appears in Collections:Master

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