Understanding the Charter
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Understanding the Charter introduces one of Canada’s most important constitutional documents: the Canadian Charter of Rights and Freedoms. Designed for readers seeking a foundational understanding of Canadian law, this volume offers a substantial exploration of the Charter’s scope – examining to whom it applies, how it functions, and why it remains a powerful instrument for protecting human rights. It also delves into the debates and controversies that continue to shape the Charter’s role in Canadian law and politics. The book traces the Charter’s origins and the rights protections t...
Understanding the Charter introduces one of Canada’s most important constitutional documents: the Canadian Charter of Rights and Freedoms. Designed for readers seeking a foundational understanding of Canadian law, this volume offers a substantial exploration of the Charter’s scope – examining to whom it applies, how it functions, and why it remains a powerful instrument for protecting human rights. It also delves into the debates and controversies that continue to shape the Charter’s role in Canadian law and politics. The book traces the Charter’s origins and the rights protections that preceded it, outlines the interpretive principles Canadian courts use in applying it, and provides a detailed analysis of key provisions. Topics include fundamental freedoms such as religion and conscience, expression, peaceful assembly, and association; democratic and mobility rights; legal protections against unreasonable search and seizure and arbitrary detention; as well as equality and language rights. Understanding the Charter also uncovers how rights can be limited by state actors, how those limits are assessed by the courts, and the remedies that are available when Charter rights have been unreasonably restricted.
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