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Seeking the Court’s Advice : The Politics of the Canadian Reference Power, Hardback Book

Seeking the Court’s Advice : The Politics of the Canadian Reference Power Hardback

Part of the Law and Society series

Hardback

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Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry?

Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute and opposing litigants – and governments often wield this power strategically.

Through a reference case, elected officials can insert the courts and the judiciary into political debates that can be both contentious and normative.

Seeking the Court’s Advice is the first in-depth study of the reference power, drawing on over two hundred reference cases from 1875 to 2017.

With novel insight and analysis, Kate Puddister demonstrates that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.

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