Legislating under the Charter: Parliament, Executive Power, and Rights

"The authors’ thoughtful and thorough examination of how the heads of the executive branch and parliamentarians responded to Supreme Court Charter decisions on contemporary issues of moral policy – criminal justice, access to drugs, the rights of sex workers, and medical assistance in dying – is by far the most illuminating study we have had of the Charter’s impact on legislating in Canada. A must-read for anyone interested in how the Charter is judicializing our politics."

Peter H. Russell, Professor Emeritus of Political Science, University of Toronto

"Legislating under the Charter breaks new ground through its in-depth examination of how the legislative process, parliamentary debate, and government justifications for advancing policies that implicate Charter rights interact to produce policy outcomes. These three scholars bring a wealth of knowledge and expertise to produce an important and valuable study of how key government actors work – sometimes together and sometimes in tension with each other – to produce policy in areas involving Charter rights. The authors bring a realist approach to the political workings of government and of our party system in order to produce a candid and constructive assessment of Charter policymaking."

Adam Dodek, Professor, Faculty of Law, University of Ottawa

"Scholars of the Charter know courts have driven rights interpretation in Canada. In Legislating under the Charter, Macfarlane, Hiebert, and Drake unravel why governments and legislators have failed to engage seriously with Charter rights and, critically, present reforms to strengthen the legislative process under the Charter. Compelling and nuanced, this is a must-read for Canadian and comparative scholars of policymaking, governance, and constitutional law."

Erin Crandall, Associate Professor of Politics, Acadia University