POLS 3130 Lecture Notes - Lecture 3: Canadian Civil Liberties Association, Alan Borovoy, Justiciability
3 Oct 2018
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Assignment: can use outside sources, can use i / we, etc, no procedural history summary: what lead up to going to court. Dimensions of the judicial process: access to court, number of parties and role of the judge, fact-finding, mode of reasoning. Policy-making model: creativity, looking at trends in society (same sex marriage, etc. ), aka activist court- court is making law not politicians, Fetus was unborn person and women should have protection of the person. Supreme court of canada was quite restrictive with interveners when charter was introduced. 1984 alan borovoy, canadian civil liberties association, wrote an open letter to the court asking for relaxed intervener rules for groups. 1987 court changed its policy many intervener applications are accepted: most controversial charter cases have numerous interveners reflects the policy-making potential of supreme. Court charter decisions: court decides if they should intervene, allowed increased access.
