Judicial Activism before the Charter
From: Supreme Court on Trial
Discussion of pre-Charter cases where the striking down of laws infringing civil liberties was criticized as judicial activism.
Kent Roach is a professor of law at the University of Toronto, where he holds the Prichard-Wilson Chair in Law and Public Policy. He formerly served as a law clerk to Justice Bertha Wilson of the Supreme Court of Canada. In 2002, he was elected a fellow of the Royal Society of Canada; in 2013, he was awarded a Pierre Trudeau Fellowship; and in 2015, he was appointed a member of the Order of Canada. Professor Roach is the author of thirteen books, including Constitutional Remedies in Canada (awarded the 1997 Walter Owen Book Prize) and now in its second edition; Due Process and Victims’ Rights (shortlisted for the 1999 Donner Prize); The Supreme Court on Trial: Judicial Activism or Democratic Dialogue (shortlisted for the 2001 Donner Prize) and now in a revised edition; Brian Dickson: A Judge’s Journey, co-authored with Robert Sharpe (winner of the 2003 Defoe Prize); The 9/11 Effect: Comparative Counter-Terrorism (co-winner of the 2012 Mundell Medal); and False Security: The Radicalization of Canadian Anti-Terrorism, co-authored with Craig Forcese (winner of the 2016 Canadian Law and Society book prize). He is also the author of Criminal Law, now in its sixth edition, in the Irwin Law Essentials of Canadian Law series. Professor Roach has represented interveners in many Charter cases, including Downtown Eastside Sex Workers on standing, Khawaja on terrorism, Sauvé on voting and equality, Latimer on mandatory penalties, Golden on strip searches, and Ward on Charter damages.