-Have judicial decisions since 1982 promoted democracy?
-How responsive have judges been to the democratic values of participation, and inclusiveness?

Decisions relating to inclusiveness
-Singh [1985]  (s. 7 – fundamental justice)
-Andrews [1989] (equality of non-citizens)
-Schachter [1992] (equality of birth and adoptive parents)
-Eldridge [1997] (equality of deaf in receiving health benefits)
-Sauvé [2002] (prisoners’ voting rights)
 

Decisions relating to participation
-Pre-Charter era:
      Duff doctrine
      preventing abuse of power
-Morgentaler [1988]
-Askov [1990]
-RJR Macdonald [1995]
-Mills [1999]
 

Inclusiveness AND participation
-Big M [1985] & Edwards [1986]
-Ford & Devine [1988]
-Keegstra [1990] & Zundel [1992]
-Ref re Electoral Boundaries Act [1991]
-Butler [1992] & Sharpe [2001]
-Symes [1993] & Thibeadeau [1995]
-Vriend [1998], M.v.H. [1999] & Halpern [2003]
-Native Rights:  Van Der Peet [1996], Delgammukw [1997], Marshall [1999]

What do you think about the extent to which the courts have promoted the democratic values of participation and inclusiveness?  Have the courts promoted inclusiveness and participation in an appropriate fashion?  Have the courts been responsive to the public demand for protection of rights and freedoms?
Have the courts gone too far?  Have we become a “courteaucracy”?

To see and hear this lecture, click here: Video Class, or on the same button on the the Public Law II web page.