Robert Sharpe - Böcker

When Brian Dickson was appointed in 1973, the Supreme Court of Canada was preoccupied with run-of-the-mill disputes. By the time he retired as Chief Justice of Canada in 1990, the Court had become a major national institution, very much in the public eye. The Court's decisions, reforming large areas of private and public law under the Charter of Rights, were the subject of intense public interest and concern.Brian Dickson played a leading role in this transformation. Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period. Dickson's journey was an important part of the evolution of the Canadian judiciary and of Canada itself. Sharpe and Roach have written an accessible biography of one of Canada's greatest legal figures that provides new insights into the work of Canada's highest court.

In December 1883, Peter Lazier was shot in the heart during a bungled robbery at a Prince Edward County farmhouse. Three local men, pleading innocence from start to finish, were arrested and charged with his murder. Two of them — Joseph Thomset and David Lowder — were sentenced to death by a jury of local citizens the following May. Nevertheless, appalled community members believed at least one of them to be innocent — even pleading with prime minister John A. Macdonald to spare them from the gallows.The Lazier Murder explores a community's response to a crime, as well as the realization that it may have contributed to a miscarriage of justice. Robert J. Sharpe reconstructs and contextualizes the case using archival and contemporary newspaper accounts. The Lazier Murder provides an insightful look at the changing pattern of criminal justice in nineteenth-century Canada, and the enduring problem of wrongful convictions.

In December 1883, Peter Lazier was shot in the heart during a bungled robbery at a Prince Edward County farmhouse. Three local men, pleading innocence from start to finish, were arrested and charged with his murder. Two of them — Joseph Thomset and David Lowder — were sentenced to death by a jury of local citizens the following May. Nevertheless, appalled community members believed at least one of them to be innocent — even pleading with prime minister John A. Macdonald to spare them from the gallows.The Lazier Murder explores a community's response to a crime, as well as the realization that it may have contributed to a miscarriage of justice. Robert J. Sharpe reconstructs and contextualizes the case using archival and contemporary newspaper accounts. The Lazier Murder provides an insightful look at the changing pattern of criminal justice in nineteenth-century Canada, and the enduring problem of wrongful convictions.

When Brian Dickson was appointed in 1973, the Supreme Court of Canada was preoccupied with run-of-the-mill disputes. By the time he retired as Chief Justice of Canada in 1990, the Court had become a major national institution, very much in the public eye. The Court's decisions, reforming large areas of private and public law under the Charter of Rights, were the subject of intense public interest and concern.Brian Dickson played a leading role in this transformation. Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period. Dickson's journey was an important part of the evolution of the Canadian judiciary and of Canada itself. Sharpe and Roach have written an accessible biography of one of Canada's greatest legal figures that provides new insights into the work of Canada's highest court.

On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it.Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution."The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.

Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice.Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

My Life in the Law is a rich, personal reflection on Robert J. Sharpe’s long, varied, and influential career as a lawyer, scholar, and judge. After giving an account of his early life and education, Sharpe examines his time as a law student in the late 1960s, an era when great emphasis was put upon formalistic legal doctrine, heavily influenced by English law. As a legal academic in the 1970s up until the 1990s, Sharpe participated in Canadian law’s emergence from the shadow of its narrow past. He then dealt with that evolution from the very different perspective of a judge and a legal history scholar during his twenty-five years on the bench. Throughout the book, Sharpe writes about the people who influenced his trajectory: the exceptional lawyers with whom he practiced, his Oxford University professors, and his University or Toronto colleagues. He describes how these people and his three-year experience working as executive legal officer to Justice Brian Dickson at the Supreme Court of Canada prepared him for his twenty-five-year career as a judge.Written in an engaging and accessible style, this memoir tells the story of a man whose fascination with the law has led to an illustrious, decades-long career of great significance.

The eighth edition of The Charter of Rights and Freedoms provides an accessible yet thorough account of the constitutional protection and practical application of rights under the Canadian Charter.Charter rights are in a state of constant evolution, and renowned legal experts Robert J. Sharpe and Kent Roach help readers navigate these changes with clarity and insight. This new edition considers the current debate on the use of the s. 33 Notwithstanding Clause and examines the impact of approximately 60 new decisions from the Supreme Court of Canada. These cases dealt with a wide range of subjects including freedom of expression, democratic rights, the use of unwritten constitutional principles, the s. 7 right to life liberty and security of the person and the overbreadth doctrine. Many new cases deal with the rights of accused persons in the criminal process, as well as the right to equality. Important recent developments to the rights of Indigenous peoples and principles of self-governance are also examined. In addition to case-law development, the authors take account of the steady stream of scholarly writing that has emerged.This textbook provides a fundamental guide to navigating the Charter for practitioners, professors, students, and all those interested in understanding the foundations of law in Canada.