Introduction

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

1

INTRODUC TION

The amendment of the Canadian const itution in 1982 to include the

Charter of Rights and Freedoms brought about a fundamental change

in Canadian l aw and politics.1 The Charter signif‌ica ntly increased the

law-making power of Canadi an courts. Decisions on many import-

ant public issues, formerly within t he exclusive authority of Parlia-

ment and the provincial legislatures, are now subject to judicial review.

Charter litigation ha s become an important 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 abort ion,2 mandator y retirement,3 t he legitimacy of laws restrict ing

pornography4 and hate propaganda,5 the def‌inition of what may proper-

ly constitute a crimin al offence,6 and the treatment accorded minorities

such as gays and lesbians.7

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

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

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

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

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

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

DLR (4th) 1.

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

6 R v Vaillancourt, [1987] 2 SCR 636, 47 DLR (4th) 399.

7 Vriend v Alber ta, [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 Justice), [2000] 2 SCR 1120, 193 DLR (4th) 193; Halpern v Canada (Attorne y