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ISBN: 9781772551754

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The Court and the Charter

This companion volume to The Court and the Constitution focuses specifically on the Charter of Rights and Freedoms. It features 36 cases that each include a concise introduction that provides context, and an overview of key themes and issues to consider in the decision that follows. Cases are also accompanied by discussion questions intended to promote classroom debate and further study.

This text also features additional cases posted online and a detailed bibliography for supplementary reading, making it a unique resource that is invaluable to anyone studying Canadian law and the Charter.

Contributors

Tom Bateman

Thomas Bateman is Associate Professor and Chair of the Department of Political Science at St. Thomas University in Fredericton.

Janet Hieber

Janet Hiebert is a Professor in the Department of Political Studies at Queen’s University in Kingston.

Rainer Knopff

Rainer Knopff is a Professor in the Department of Political Science at the University of Calgary.

Peter Russell

Peter H. Russell is Professor of political science (Emeritus) at the University of Toronto.

Chapter Title Contents Contributors Pages Year Price

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Introduction to the key cases related to the Charter of Rights and Freedoms. ; ; ; 21 $2.10

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Two members of the Supreme Court of Canada, in holding that the Act to ensure the Publication of Accurate News and Information was beyond the constitutional authority of Alberta legislature, … ; ; ; 6 $0.60

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A majority of the Supreme Court of Canada held that the Quebec premier was liable under the Civil Code for damages for purporting to authorize and instruct the manager of the Quebec Liquor … ; ; ; 6 $0.60

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A majority of the Supreme Court of Canada, in looking at the effect of the Lord’s Day Act rather than its purpose, upheld a conviction for operating a bowling alley in contravention of the … ; ; ; 13 $1.30

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The Supreme Court of Canada held that the true purpose of the Lord’s Day Act was to compel the observance of the Christian Sabbath and as such infringed on the freedom of conscience and … ; ; ; 9 $0.90

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The Supreme Court of Canada struck down a Quebec law requiring public signs and posters and commercial advertising to be in French only, and allowing only the French version of a firm name to be used. ; ; ; 19 $1.90

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The Supreme Court of Canada ruled that while the obscenity provisions of the Criminal Code infringed the right to freedom of expression, they were justified as a reasonable limit under the … ; ; ; 15 $1.50

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A divided Supreme Court of Canada issued several opinions on whether a law prohibiting advertising and promotion of tobacco products and the requirement on tobacco manufacturers to place an … ; ; ; 12 $1.20

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A majority of the Supreme Court of Canada held that the bylaws of co-ownership of residential buildings, which prohibited construction on the balconies of units, infringed religious freedom under … ; ; ; 9 $0.90

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The Supreme Court of Canada upheld the right of a Sikh student to wear a kirpan to high school on the basis of freedom of religion. ; ; ; 11 $1.10

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The Supreme Court of Canada unanimously held that although provisions of The Saskatchewan Human Rights Code prohibiting hate speech infringed freedom of expression and freedom of conscience and … ; ; ; 12 $1.20

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A majority of the Supreme Court of Canada held that a law prohibiting designated employees from participating in a strike substantially interfered with a right to a meaningful process of … ; ; ; 9 $0.90

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A majority of the Supreme Court of Canada struck down a law denying the right to vote to anyone serving two years or more in a correctional institution. The dissenting opinion found temporary … ; ; ; 13 $1.30

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The Supreme Court of Canada unanimously held that third-party spending limits imposed by the Canada Elections Act were so low as to infringe free expression under the Canadian Charter of Rights … ; ; ; 10 $1.00

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In striking down a section of the Narcotic Control Act that presumed possession for the purpose of trafficking, the Supreme Court of Canada established a test to determine whether a limit on a … ; ; ; 7 $0.70

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A majority of the Supreme Court of Canada held that provisions of the Criminal Code governing the production of private records to an accused in sexual offence proceedings did not violate the … ; ; ; 14 $1.40

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The Supreme Court of Canada unanimously decided that sections of the Immigration and Refugee Protection Act, in providing for the issue of a certificate of inadmissibility leading to the … ; ; ; 15 $1.50

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The Supreme Court of Canada upheld a conviction for unlawfully producing, possessing and trafficking in a controlled substance based partly on evidence from the accused’s garbage, on the … ; ; ; 8 $0.80

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A majority of the Supreme Court of Canada set out a test as to when a witness who for sincere religious reasons wishes to wear a niqab while testifying in a criminal proceeding would be required … ; ; ; 9 $0.90

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A majority of the Supreme Court of Canada struck down mandatory minimum sentences for convictions for possessing prohibited or restricted firearms with readily accessible ammunition as … ; ; ; 11 $1.10

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The Supreme Court of Canada held that a provincial law creating an absolute liability offence for driving while prohibited or suspended where guilt did not depend on knowledge of the prohibition … ; ; ; 11 $1.10

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A majority of the Supreme Court of Canada, for various reasons in three opinions, struck down provisions of the Criminal Code making it an offence to procure a miscarriage. The dissenting opinion … ; ; ; 13 $1.30

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A majority of the Supreme Court of Canada held that a provincial social assistance scheme whose base payments to those under the age of 30 were lower than payments for recipients over 30 was not … ; ; ; 15 $1.50

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A majority of the Supreme Court held that a provincial law prohibiting Quebeckers from taking out private insurance for services available under the public health care plan infringed the Quebec … ; ; ; 21 $2.10

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The Supreme Court of Canada unanimously held that the Insite safe injection facility in Vancouver is subject to the valid criminal scheme of the Controlled Drugs and Substances Act, but ordered … ; ; ; 9 $0.90

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The Supreme Court of Canada unanimously held that provisions of the Criminal Code prohibiting bawdy-houses, living on the avails of prostitution, and communicating in public for the purposes of … ; ; ; 11 $1.10

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The Supreme Court of Canada unanimously held that provisions of the Criminal Code prohibiting physician-assisted dying violated rights to life, liberty and security of the person under the … ; ; ; 9 $0.90

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A majority of the Supreme Court of Canada held that a citizenship requirement in the provincial Barristers and Solicitors Act breached equality rights under the Canadian Charter of Rights and … ; ; ; 17 $1.70

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A majority of the Supreme Court of Canada struck down a provision of the Ontario Family Law Act whose definition of "spouse" excluded same-sex couples on the ground that it breached … ; ; ; 14 $1.40

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The Supreme Court of Canada unanimously held that the Province of British Columbia’s refusal to fund a particular treatment for preschool-aged autistic children did not breach the equality … ; ; ; 9 $0.90

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The Supreme Court of Canada held that communal fishing licences granted to aboriginal organizations did not violate the equality rights of non-aboriginal commercial fishers who were excluded from … ; ; ; 10 $1.00

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The Supreme Court of Canada unanimously held that the numbers of minority language students in Edmonton warranted granting the parents of those students management and control over minority … ; ; ; 12 $1.20

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A majority of the Supreme Court of Canada ruled that a trial judge who ordered the provincial government to use its best efforts to build French-language school facilities by given dates and then … ; ; ; 9 $0.90

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The Supreme Court of Canada set out the factors to be considered in determining whether a person charged with an offence had been tried within a reasonable time in accordance with the Canadian … ; ; ; 13 $1.30

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The Supreme Court of Canada ruled that after federal legislation recognized same-sex conjugal relationships, a same-sex spouse of a deceased Canada Pension Plan contributor was entitled to a … ; ; ; 9 $0.90

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A majority of the Supreme Court of Canada revisited the definition of "detention" under the Canadian Charter of Rights and Freedoms as well as the test for excluding evidence found to … ; ; ; 10 $1.00

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The Supreme Court of Canada unanimously held that the right to liberty and security of the person of a Canadian detained in a U.S. military installation was infringed by the refusal of the … ; ; ; 7 $0.70