Why Canada's 'new' government eliminated the Court Challenges Program: Prime Minister Harper and the Anti-Court Party.

摘要

Prime Minister Harper's obsession with centralized control is diminishing traditional access points used by public interest groups to influence public policy, leaving many of them with little choice but to use the expensive and timely process of litigation as a last resort. The Court Challenges Program helped many disadvantaged groups use the courts to assert their Charter rights, and has become the nucleus of a larger debate rooted in concerns outlined in the Charter Revolution and Court Party theories. This thesis will discuss arguments for and against the existence of the Court Challenges Program. While unquestionably influenced by the most vocal opponent of the program, and his chief of staff, Ian Brodie, this thesis will suggest that Harper's decision to eliminate the Court Challenges Program is rooted in the Charter Revolution theory and its claim that the Charter, the courts, and "special" interest groups work to circumvent Canada's democratic process.