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'This New Democracy.. . ': Justice Iacobucci and Canada's Rights Revolution

Justice Frank Iacobucci’s years on the Supreme Court of Canada, 1991 to 2004, coincided with an unexpectedly volatile period in the Court’s history. The Court had delineated the main features of the Charter’s legal structure and methodology in the first generation of cases. It was reasonable, therefore, to anticipate a period of consolidation. Instead, a second generation of cases precipitated re-evaluation of some of the most basic questions of Charter interpretation, argumentation, and institutional roles. These challenging cases gave Justice Iacobucci the opportunity to think deeply about particular issues in the light of larger questions. In the tradition of other great common law judges, he built upon the strengths of his predecessors’ work as he analysed the particulars raised in each new case in the light of the applicable principles. Justice Iacobucci brought distinctive strengths to the Court. His academic background gave him a firm grounding in structured areas of law. While specialization in corporate, commercial, and tax law might appear to be an unusual preparation for Charter adjudication, these specialized fields raise a similar tangle of concerns – the interplay between the individual and the collective, substantive and procedural fairness, rights and duties, written and unwritten norms, and self-interest versus the public interest. As a teacher, Justice Iacobucci was admired for his ability to build courses from first principles to their full legal complexity and social import, the precise skill necessary for adjudication in an evolving area of law. His administrative, organizational, and leadership