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.
Summary:
"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."-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.