This landmark treatise examines the interpretation and application of the Charter by Canadian courts in both the private and criminal law spheres and also explores its impact on the Canadian legal system.
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'.
Also available in print at KE4381.5 .S53 2017 LAW (Reserve).
This title is a part of the Essentials of Canadian Law series.
This book attempts to provide an accessible account of the Charter of Rights and Freedoms. 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.
Public discussion of the Charter is often framed around the question of who should make these important decisions elected politicians or unelected judges. This book provides a clear understanding of how the Charter works and how ordinary citizens have succeeded or failed to win change from the courts. It offers information that people on every side of public discussion can use regarding the role of the Charter in Canadian life.
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.
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.