The Charter of Rights and Freedoms
This book attempts to provide an accessible account of the Charter of Rights and Freedoms for law students and lawyers as well as non-specialist readers interested in acquiring a basic understanding of the Canadian legal system and the Canadian constitution. We will survey the manner in which the Canadian courts have come to terms with a constitutionally entrenched bill of rights, focusing on the decisions of the Supreme Court of Canada. The purpose is to explain the Charter, its interpretation by the courts, and its practical application, rather than to present anything approaching a theoretical or philosophical account of Charter rights. It is, however, almost impossible to discuss the Charter without a theoretical framework. As will become apparent, we are believers in the Charter and in the important role it confers upon the courts. In our view, the courts are properly charged with the task of defining and protecting fundamental rights and freedoms in a modern liberal democracy. Furthermore, the Canadian experience to date suggests that an entrenched bill of rights enhances rather than detracts from fundamental democratic values.
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| Location | |
|---|---|
| Victoria | Available |
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- ISBN: 9781552214466
- Physical Description xvii, 518 pages ; 23 cm.
- Edition Sixth edition.
- Publisher Toronto, ON : Irwin Law, 2017.
Content descriptions
| Bibliography, etc. Note: | Includes bibliographical references and index. |
| Formatted Contents Note: | Historical context -- The legitimacy of judicial review -- Interpretation of the Charter of Rights and Freedoms -- Limitation of charter rights -- The legislative override -- Application -- Charter litigation -- Freedom of conscience and religion -- Freedom of expression -- Freedom of association -- Democratic rights -- Mobility rights -- Life, liberty, and security of the person and the priniciples of fundamental justice -- Rights in the criminal process -- Equality -- Language rights -- Remedies. |
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Summary
The Charter of Rights and Freedoms
Written by two of Canada's leading constitutional scholars, no other Canadian book provides such an accessible yet thorough and objective account of the Canadian Charter of Rights and Freedoms . The authors survey the manner in which Canadian courts have come to terms with a constitutionally entrenched bill of rights, focusing on the decisions of the Supreme Court of Canada. The purpose is to explain the Charter , its interpretation by the courts, and its practical application. There have been many significant developments in Charter jurisprudence since the publication of the previous edition in 2013. This edition highlights new developments under section 7 of the Charter , including discussion of the landmark Bedford and Carter decisions and Parliament's replies to those decisions. It also features developments under section 1, including increased emphasis on the final balancing stage of the proportionality test in the 2016 case of R v KRJ. As always, many Charter decisions relate to the criminal process and they appear in this edition, including the new approach to trial in a reasonable time in Jordan , and a range of cases relating to mandatory sentences and retroactive punishment. The authors also consider the development in freedom of association jurisprudence to embrace not only rights ofcollective bargaining, but also the right to strike.
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