Research Guides: Public and Constitutional Law: Charter of Rights and Freedoms

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Charter of Rights and Freedoms

Canadian Pluralism and the Charter: Moral Diversity in a Free and Democratic Society by Derek BM Ross & Sarah E Mix-Ross
Call Number: KE4430 C36 2019 LAW
Publication Date: 2019
The role of the state in resolving social tensions rooted in competing "sets of ultimate commitments" among citizens, and the role of the law in resolving such moral conflicts between the citizen and the state. How, and why, differences ought to be accommodated in a free and democratic society. The issues explored are becoming intensely pertinent as Canada's religious diversity increases, the state expands into areas traditionally seen as private, and state actors seek to promote certain 'values'.
The Charter of Rights and Freedoms, 7th ed by Robert J Sharpe & Kent Roach
Call Number: ebook
Publication Date: 2021
This book provides an accessible yet thorough account of the constitutional protection and practical application of rights under the Canadian Charter. This seventh edition includes, for the first time, an analysis of the protection of Aboriginal and Treaty rights.
Charter of Rights Annotated by JB Laskin
Call Number: ebook
Publication Date: Updated reguarly
The text is organized into sections, in each section you'll find: the provisions of the Charter, the legislative history of the section, comparable provisions of the Canadian Bill of Rights (with applicable case digests), the American Constitution, the International Covenant and the European Convention, and practical and helpful annotations, organized by topic of decisions interpreting and applying the Charter.
The Charter of Rights in Litigation: Direction from the Supreme Court of Canada by Matthew Taylor & Mahmud Jamal
Call Number: ebook
Publication Date: Updated regularly
This publication includes 47 chapters analyzing what the Supreme Court has said on key issues, including principles of interpretation and jurisdictional issues. It can help you determine whether the Charter applies to a case, the jurisdiction of courts to hear a Charter claim, and give guidance on practice and procedure in Charter cases, including evidentiary requirements, when an issue is moot and obtaining leave to appeal.
Constitutional Crossroads: Reflections on Charter Rights, Reconciliation, and Change by Kate Puddister & Emmett Macfarlane, eds
Call Number: ebook
Publication Date: 2023
Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change. This collection brings together essays that provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution.

Links

Charterpedia (Department of Justice)
This Charterpedia provides legal information about the Charter and contains information about the purpose of each section of the Charter, the analysis or test developed through case law in respect of the section, and any particular considerations related to it. Each Charterpedia entry cites relevant case law, and citations to Supreme Court of Canada decisions are hyperlinked whenever possible.
No Rights Are Absolute: Legacies of Three Chief Justices
This data set, created by Beverley Baines, Jenna Sapiano, Sarah Macdonald, Sezen Izer, and Nicholas Piccinin, analyzes Supreme Court of Canada (SCC) decisions issued between 1984-2018 that include reference to the Canadian Charter of Rights and Freedoms (Charter) and/or the Constitution Act 1982, s. 35. The researchers coded the variables from reviewing the SCC decisions. The primary aim of the data set is to record the Court's application of the doctrines of proportionality or justification in each case. The data set provides empirical analysis about the shaping of these doctrines during the tenures of each of the first three Chief Justices since the adoption of the Constitution Act 1982 – Brian Dickson, Antonio Lamer, and Beverley McLachlin.
2022 revisions – the Charter case data files were revised and include 716 SCC cases.