The Charter of Rights and Freedoms. Seventh Edition
- Publisher:
- Irwin Law Inc.
- Publication date:
- 2021-06-30
- Authors:
-
Robert J. Sharpe
(Court of Appeal for Ontario)
Kent Roach
(Faculty of Law, University of Toronto) - ISBN:
- 9781552215791
Description:
The Charter of Rights and Freedoms, 7e, provides an accessible yet thorough account of the constitutional protection and practical application of rights under the Canadian Charter. This seventh edition includes, for the first time, an analysis of the protection of Aboriginal and Treaty rights. Among the important recent cases discussed and comprehensively explored are Conseil scolaire francophone de la Colombie-Britannique (refusing to accept that controlling the cost of the right to minority-language education would justify limiting right under section 1); the Frank decision (striking down the disenfranchisement of Canadian citizens living abroad); and an important new remedies case, Ontario (Attorney General) v G (affecting suspended declarations of invalidity and applicable exemptions). Recent developments in the section 2(b) right to freedom of religion include the Ktunaxa Nation decision rejecting an Indigenous group’s claim that a development project would infringe their right to freedom of religion, and the Trinity Western decisions dealing with a religiously motivated covenant that discriminated against prospective LGBTQ2S+ law students. Also discussed are the developments in freedom of expression, including election spending and journalists being required to reveal their sources; the important role played by the Charter in the criminal process, including the Boudreault decision, extending the protection against cruel and unusual punishment; and equality rights, including decisions on pay equity and the Fraser case, dealing with pension benefits for women.
Index
- Table of cases, index and about the authors
- Preface to the seventh edition
- Introduction
- Historical Context
- The Legitimacy of Judicial Review
- Interpretation of the Charter of Rights and Freedoms
- Limitation of Charter Rights
- The Legislative Override
- Application
- Charter Litigation
- Freedom of Conscience and Religion
- Freedom of Expression
- Constitution act, 1982
- Democratic Rights
- Mobility Rights
- Life, Liberty, and Security of the Person and the Principles of Fundamental Justice
- Rights in the Criminal Process
- Equality
- Language Rights
- Indigenous Rights
- Remedies
- Glossary
- Freedom of Association
- Preliminary sections