Overview

The Charter of Rights and Freedoms, 7e, provides an accessible yet thorough account of the constitutional protection and practical application of rights under the Canadian Charter. This seventh edition includes, for the first time, an analysis of the protection of Aboriginal and Treaty rights.\n\nAmong the important recent cases discussed and comprehensively explored are Conseil scolaire francophone de la Colombie-Britannique (refusing to accept that controlling the cost of the right to minority-language education would justify limiting right under section 1); the Frank decision (striking down the disenfranchisement of Canadian citizens living abroad); and an important new remedies case, Ontario (Attorney General) v G (affecting suspended declarations of invalidity and applicable exemptions).\n\nRecent developments in the section 2(b) right to freedom of religion include the Ktunaxa Nation decision rejecting an Indigenous group’s claim that a development project would infringe their right to freedom of religion, and the Trinity Western decisions dealing with a religiously motivated covenant that discriminated against prospective LGBTQ2S+ law students. Also discussed are the developments in freedom of expression, including election spending and journalists being required to reveal their sources; the important role played by the Charter in the criminal process, including the Boudreault decision, extending the protection against cruel and unusual punishment; and equality rights, including decisions on pay equity and the Fraser case, dealing with pension benefits for women.

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9781552215784

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Robert Sharpe was formerly a professor and dean at the Faculty of Law, University of Toronto. He has appeared as counsel in Charter cases in courts at all levels. He was appointed to the Ontario Court of Justice (General Division) in 1995 and to the Ontario Court of Appeal in 1999. He retired from the judiciary in 2020 and is currently Distinguished Jurist in Residence at the Faculty of Law, University of Toronto. Kent Roach, CM, FRSC, professor of law at the University of Toronto, Prichard-Wilson Chair in Law and Public Policy. Elected a Fellow of the Royal Society of Canada in 2002 and appointed a member of the Order of Canada in 2015. Awarded a Trudeau Fellowship in 2013 and the Canada Council awarded him the Molson Prize for his contributions in 2017.

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