The Charter of Rights and Freedoms: 30+ years of decisions that shape Canadian lifeCanada s Charter of Rights and Freedoms has transformed Canadian life since it was adopted as part of the Canadian constitution in 1982. The Charter requires judges to make decisions on a wide range of issues that affect all Canadians. In doing so, the courts play a major role in citizens lives. Because of the Charter: - The law against prostitution was struck down. - The Harper government"s treatment of child soldier Omar Khadr was found to violate his rights. - Vancouver s Insite safe injection site was kept open, overriding a federal government decision requiring it to shut down. Ian Greene is a political scientist, and his focus in this book is to highlight the many significant ways the Charter shapes Canadian life. After providing background on the creation and implementation of the Charter, he describes its impact on a wide range of issues aboriginal affairs, voting rights, freedom of religion, the right to strike, and language rights, among others. Greene describes key decisions in these areas and comments on the often-conflicting views of the judges deciding them. Even though the Charter is a legal document, debated by lawyers and decided by judges, Greene approaches his subject with an eye on the political impact the Charter has on governments and ordinary citizens. 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. |
Contents
Preface | 9 |
1Civil Rights in Canada During the PreCharter Era | 15 |
2The Charter | 55 |
3The Fundamental Freedoms | 96 |
4Democratic Rights | 160 |
5Legal Rights | 198 |
6Equality | 263 |
7Language Rights | 320 |
Outside the Charter but Inside the Rights Regime | 353 |
9The Charter and Human Rights | 385 |
Acknowledgements | 404 |
| 406 | |
Endnotes | 408 |
| 435 | |
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The Charter of Rights and Freedoms: 30+ years of decisions that shape ... Ian Greene Limited preview - 2014 |
Common terms and phrases
Aboriginal rights abortion Alberta amendment anglophone apply approach argued Beetz Bill of Rights British Columbia Canadian Canadian Bill Canadian Charter Charter of Rights Chief Justice civil liberties clause concluded considered Constitution Act Court decision court judges Court of Appeal Court of Canada Criminal Code decided declared democracy democratic Dickson discrimination election Electoral Boundaries enacted equality evidence francophone freedom of expression freedom of religion French French language fundamental justice government’s groups guarantee human rights Ibid interpretation issue judicial Khadr kirpan labour Lamer language rights legislative supremacy legislature litigation majority Manitoba McIntyre McLachlin minority Oakes test Ontario override Parliament person political principles procedural prohibited promote protect Quebec Charter question reasonable limit Reference Regina restrictions result right to vote Rights and Freedoms Robertson and Rosetanni Saskatchewan section 15 sexual social Société des Acadiens Sopinka statutes Supreme Court Therens tion Toronto trial upheld violated