• Publication Date: January 17, 2017
  • ISBN: Print (Paperback): 9781552214466
  • ISBN: Digital (PDF): 9781552214473
  • 536 pages; 6" x 9"

The Charter of Rights and Freedoms 6/e


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Product Description

Written by two of Canada’s leading constitutional scholars, no other Canadian book provides such an accessible yet thorough and objective account of the Canadian Charter of Rights and Freedoms. The authors survey the manner in which 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.

There have been many significant developments in Charter jurisprudence since the publication of the previous edition in 2013. This edition highlights new developments under section 7 of the Charter, including discussion of the landmark Bedford and Carter decisions and Parliament’s replies to those decisions. It also features developments under section 1, including increased emphasis on the final balancing stage of the proportionality test in the 2016 case of R v KRJ. As always, many Charter decisions relate to the criminal process and they appear in this edition, including the new approach to trial in a reasonable time in Jordan, and a range of cases relating to mandatory sentences and retroactive punishment. The authors also consider the development in freedom of association jurisprudence to embrace not only rights of
collective bargaining, but also the right to strike.

Preface to the Sixth Edition


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: Remedies



Constitution Act, 1982

Table of Cases


About the Authors

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