Introduction

• Author: Robert J. Sharpe; Kent Roach
• Pages: 1-3

1

INTRODUCTION

The amendment of the Canadian Constitution in 1982 to include the

Charter of Rights and Freedoms brought about a fundamental change

in Canadian l aw and politics.1 The Charter sign if‌icantly increased the

law-making power of Canadian courts. Decisions on m any important

public issues, formerly within t he exclusive authority of Parliament and

the provincial legislatures, are now subject to judicial review. Char-

ter litigation has become an import ant tool used by interest groups

to advance their political ends. Canadian courts now play a central

role in deciding how the law should deal with such int ractable issues

as assisted dying,2 abortion,3 mandatory ret irement,4 the legitimacy of

laws restricting pornography5 and hate propaganda,6 laws concerning

prostitut ion,7 and the treatment accorded minoritie s, such as gays and

lesbians.8 In addition, the recognition of Aboriginal and treaty rights

1 Canadian Char ter of Rights and Freedoms, Part I of the Constitution Act, 1982,

being Schedule B to t he Canada Act 1982 (UK), 1982, c 11 [Charter].

2 Carter v Canad a (Attorney General), 2015 SCC 5, [2015] 1 SCR 331.

3 R v Morgentaler, [1988] 1 SCR 30, 44 DLR (4th) 385.

4 McKinney v University of Guelph, [1990] 3 SCR 229, 76 DLR (4th) 545; Stoman v

Vancouver General Hospital, [1990] 3 SCR 483, 76 DLR (4th) 700.

5 R v Butler, [1992] 1 SCR 452, 70 CCC (3d) 129; R v Sharpe, [2001] 1 SCR 45, 194

DLR (4th) 1.

6 R v Keegstra, [1990] 3 SCR 697, 61 CCC (3d) 1.

7 Canada (Attor ney General) v Bedford, [2013] 3 SCR 1101.

8 Vriend v Alberta, [1998] 1 SCR 493, 156 DLR (4th) 385; M v H, [1999] 2 SCR 3,

177 DLR (4th) 577; Little Sisters Book and Art Empor ium v Canada (Minister of