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 law and politics.1 The Charter signif‌icantly increased the law-

making power of Canadian courts. Decisions on many important pub-

lic issues, formerly within the exclusive authority of Parliament and the

provincial legislatures, are now subject to judicial review. Charter l iti-

gation has become an important tool used by interest groups to advance

their political ends. Canadian court s now play a central role in decid-

ing how the law should deal with such intractable issues as abortion,2

mandatory retirement,3 the legitimacy of laws restricting pornography4

and hate propaganda,5 the def‌inition of what may properly constitute a

crimina l offence6 and the treatment accorded minorities such as gays

and lesbians.7

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

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

2 R. v. Morgent aler, [1988] 1 S.C.R. 30, 44 D.L.R. (4th) 385.

3 McKinney v. University of Guelph, [1990] 3 S.C.R. 229, 76 D.L.R. (4th) 545; Stoff-

man v. Vancouver General Hospit al, [1990] 3 S.C.R. 483, 76 D.L.R. (4th) 700.

4 R. v. Butler, [1992] 1 S.C.R. 452, 70 C.C.C. (3d) 129; R. v. Sharpe, [2001] 1 S.C.R.

45, 194 D.L.R. (4th) 1.

5 R. v. Keeg stra, [1990] 3 S.C.R. 697, 61 C.C.C. (3d) 1.

6 R. v. Vai lla nco ur t, [1987] 2 S.C.R. 636, 47 D.L.R. (4th) 399.

7 Vrie nd v. Albe rta, [1998] 1 S.C.R. 493, 156 D.L.R. (4th) 385; M. v. H., [1999] 2

S.C.R. 3, 177 D.L.R. (4th) 577; Little Sisters Book and Art Emp orium v. Canada

(Minister of Justice), [2000] 2 S.C.R. 1120, 193 D.L.R. (4th) 193; Halpern v. Can-