Preface to the seventh edition

• Author: Robert J. Sharpe; Kent Roach
• Pages: 17-18

xvii

PR EFACE

To the Seventh Edition

This seventh edition includes the most m ajor change since the book was

f‌irst published in 1998. We have included a new chapter on Aboriginal

and treaty right s that are recognized and ar med under section 35(1) of

the Constitution Act, 1982. We hope that this chapter will make t he book

more useful to students and th at its addition ref‌lects greater attention

being given to issues aecting Indigenous people in this countr y. The

new Chapter 17 recognizes both simil arities and dierences in the way

Canadian court s have interpreted section 35 and Charter rights.

The book continues to attempt to provide comprehensive-yet-suc-

cinct coverage of all major Charter issues a nd includes many new

developments since the sixth edition was published i n 2017. This edition

highlights a minor ity-language education rights deci sion refusing to

accept that controlling the cost of implementing the Char ter guarantee

can justify l imiting the right under section 1. This case — Conseil sco-

laire francophone de la Colombie-Britannique v British Columbia — also

refused to extend qual if‌ied immunities from Charter damage awards to

government policy decisions. We discuss developments in the section

2(b) right to freedom of religion: the Ktunaxa Nation v British Columbia

(Forests, Lands and Natural Resource Operations) decision rejecting the

claim of an Indigenous group that a development project would infringe

their right to freedom of religion and the Trinity Western decisions deal-

ing with a religiously motivated covenant that discri minated against

prospective LGBTQ law students. With regard to freedom of expre ssion,

we discuss ca ses on election spending and requiring jour nalists to reveal