Public and Constitutional Law

Organized and presented thematically this text pulls together the reported and unreported cases involving: the substantive provisions of the Charter and issues of general application, the legal rights, from detention through double jeopardy, the fundamental freedoms and other rights, and remedies for breaches and for conflicts with ordinary legislation.

Topics in this resource include the nature and scope of constitutional litigation, government action (who was the actor and what was the activity), parties (who can bring an action, who is defending it, and who can intervene), discovery, venue, pleadings and procedure, evidence, and remedies.

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.