Full Description
The eighth edition of The Charter of Rights and Freedoms provides an accessible yet thorough account of the constitutional protection and practical application of rights under the Canadian Charter.
Charter rights are in a state of constant evolution, and renowned legal experts Robert J. Sharpe and Kent Roach help readers navigate these changes with clarity and insight. This new edition considers the current debate on the use of the s. 33 Notwithstanding Clause and examines the impact of approximately 60 new decisions from the Supreme Court of Canada. These cases dealt with a wide range of subjects including freedom of expression, democratic rights, the use of unwritten constitutional principles, the s. 7 right to life liberty and security of the person and the overbreadth doctrine. Many new cases deal with the rights of accused persons in the criminal process, as well as the right to equality. Important recent developments to the rights of Indigenous peoples and principles of self-governance are also examined. In addition to case-law development, the authors take account of the steady stream of scholarly writing that has emerged.
This textbook provides a fundamental guide to navigating the Charter for practitioners, professors, students, and all those interested in understanding the foundations of law in Canada.
Contents
Preface to the Seventh Edition
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: Rights in the Criminal Process
Chapter 15: Equality
Chapter 16: Language Rights
Chapter 17: Indigenous Rights
Chapter 18: Remedies
Glossary
Constitution Act, 1982
Table of Cases
Index
About the Authors
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