Abstract:
Remedies often seem to receive less attention than they deserve. The title of this collection of essays, as well as the annual conference of the Canadian Institute for the Administration of Justice that led to this book, is borrowed from Professor Ronald Dworkin’s justly famous book Taking Rights Seriously. We hope that this collection of essays will inspire litigators, judges, administrative tribunal members and academics to spend more time thinking and writing about remedies.
The CIAJ was especially fortunate that Chief Justice McLachlin agreed to deliver the keynote address at the conference. Her essay, included at the start of the book, provides a sage assessment of the practical nature of remedies. The Chief Justice reminds us that remedies are vitally important to ordinary people seeking justice before the courts and that all of us involved in the law neglect remedies at our peril. She also observes that the subject of remedies is an important but often under-explored area for academic study. Chief Justice McLachlin’s view of remedies as being interwoven with rights in a single fabric we call “justice” provides us with an appropriately lofty theme for this book.
Roach, Kent and Sharpe, Robert J., Taking Remedies Seriously: An Introduction (2009). TAKING REMEDIES SERIOUSLY – LES RECOURS ET LES MESURES DE REDRESSEMENT: UNE AFFAIRE SÉRIEUSE – CANADIAN INSTITUTE FOR THE ADMINISTRATION OF JUSTICE – INSTITUT CANADIEN D’ADMINISTRATION DE LA JUSTICE, p. 1, 2009.
First posted 2012-02-19 10:07:30
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