Controversies in the Common Law: Tracing the Contributions of Chief Justice Beverly McLachlin

Beverley McLachlin was the first woman to be chief justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the CanadianCharter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure.

Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics - including tort, unjust enrichment, administrative law, and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution.

Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.

Vanessa Gruben is Vice Dean of the English Common Law Program and an associate professor in the Faculty of Law at the University of Ottawa.
Graham Mayeda is an associate professor in the Faculty of Law at the University of Ottawa.
Owen Rees is deputy assistant deputy attorney general with the Department of Justice Canada and an adjunct lecturer in the Faculty of Law at Queen’s University.