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.
The text has been thoroughly updated to reflect Charter jurisprudence since publication of the third edition in 2005. Notable among those developments are significant changes to the way the Supreme Court has approached the interpretation of equality rights, constitutional remedies, and most recently the rights of the criminally accused.
Summary Table of Contents
Preface
Introduction
CHAPTER 1: Historical Context
CHAPTER 2: The Legitimacy of Judicial Review
CHAPTER 3: Interpretation of the Charter of Rights and Freedoms
CHAPTER 4: Limitation of Charter Rights
CHAPTER 5: The Legislative Override
CHAPTER 6: Application
CHAPTER 7: Charter Litigation
CHAPTER 8: Freedom of Conscience and Religion
CHAPTER 9: Freedom of Expression
CHAPTER 10: Freedom of Association
CHAPTER 11: Democratic Rights
CHAPTER 12: Mobility Rights
CHAPTER 13: Life, Liberty, and Security of the Person and the Principles of Fundamental Justice
CHAPTER 14: Charter Rights in the Criminal Process
CHAPTER 15: Equality
CHAPTER 16: Language Rights
CHAPTER 17: Remedies
Conclusion
Glossary
Constitution Acts, 1982
Table of Cases
Index
About the Authors