6th edition (New edition)

The Charter of Rights and Freedoms 6/e


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.

Table of Contents

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

Of interest...