This study tests explanations of the choice of policy instruments. The comparative analysis of the Canadian and United States energy policies for the period 1973-1996 concludes that the choice of a policy instrument is a function of (1) whether the degree of constraint involved is consistent with the ideological predisposition of the party in power, (2) whether the agency needed to implement the instrument already exists, thus reducing costs, (3) whether a policy transfer from other jurisdictions is possible or whether policy harmonization is required, and (4) whether the target groups affected by the use of the instrument are likely to oppose its use.

Critiques of the public/private divide in Western political thought do not go far enough in analyzing the full range and character of relations in the private sphere as demonstrated in this article, which analyzes John Locke's theorisation about the relative authority of wives, servants and slaves. A third-wave feminist analysis is used to illustrate the theoretical relevance of group-based identities that, far from having a uniform relation to the political power afforded to free (male) citizens, are hierarchically stratified. Thus it is demonstrated that a basic problem within second-wave feminist analysis of Lockean, and more broadly defined liberal thought, is the tendency to categorize women as ''wives'' of free citizens, and not to analyze adequately other dimensions of identity, thereby ignoring the explicit divisions and hierarchy among different groups of women in one of the earliest accounts of the private sphere in liberal theory.

This study proposes a new model for assessing success in interest group litigation. The model is applied to 47 appeal court rulings concerning feminist issues in 21 cases involving the Canadian Charter of Rights and Freedoms and 26 non-Charter cases. The study operationalizes the concept of ''success'' by including not just outcome (''who wins''), but also the effect of the case on the ''policy status quo'' (PSQ) and the creation of favourable or unfavourable legal resources (precedents). Feminist claims prevailed in 72 per cent of the cases. The PSQ optic reveals that previous studies overstate the significance of feminist losses (13), since only three of these changed the PSQ in a direction opposed by feminists. There were 17 cases that changed the PSQ in a direction desired by feminists. Feminist litigation has been most successful in the policy areas of abortion, private-sector discrimination and pornography. Success has been lowest in the areas of sexual assault and income tax. These findings suggest that interest group litigation can achieve significant policy change and that the scope of policy studies should be expanded to include judge-made policy.

Section 2(a) of the Canadian Charter of Rights and Freedoms guarantees freedom of conscience and religion. In interpreting the Charter, the courts have interpreted this provision to prevent the legislatures from discriminating against religious minorities by promoting particular religious practices. Judges have been much less willing to protect religious minority groups from secular laws that interfere with their religious convictions. The religion cases hold important implications for those concerned about cultural diversity and the equality of Canada's many ethnic communities, as well as for the debate over the increased power of courts under the Charter.

This article explores the implications of changes in Canadian Supreme Court jurisprudence on Aboriginal rights since the 1990s. While recognizing the Court's valuable contributions in the period from Calder to Sparrow, the author argues that the 1996 Van der Peet decision deals a serious blow to the legal status of Aboriginal rights, particularly the right to self-government. The standard of legal recognition established in Van der Peet constitutes a decided step back from the Court's prior jurisprudence, and is insufficient as a means of securing its stated ends: the survival and well-being of Aboriginal communities and cultures. The author concludes by arguing that the Court can repair the recent damage it has done to Aboriginal rights by revisiting the concept of the quasinational status granted to Aboriginal peoples within the context of the sui generis Crown-Aboriginal relationship.

This article argues that provincial government units for Aboriginal affairs in Ontario and British Columbia have ''double identities'' stemming from contradictory mandates anchored in two different policy communities. Aboriginal policy agencies act as Crown negotiators with Aboriginal nations over land claims and self-government, but are also responsible for co-ordinating government policies affecting Aboriginals. Consequently, they interact with two different policy communities. One involves economic and resource ministries, which engage in a pressure pluralist relationship with Aboriginal groups. The second involves social policy ministries who engage in more clientele pluralist relationships with Aboriginals. Consequently, Aboriginal policy agencies display different identities and play different and sometimes contradictory roles. These ''double identities'' illustrate the complexity and contradictions of provincial-Aboriginal relations in Canada.

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