Preface to the seventh edition

AuthorRobert J. Sharpe; Kent Roach
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

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