THE SUPREME COURT AND THE CANADIAN BILL OF RIGHTS

Authors

  • W S TARNOPOLSKY

Abstract

Rejecting many of the usual labels used, the author instead asks how civil libertarian the Supreme Court has been in its interpretation of the Canadian Bill of Rights. He analyses a number of decisions to determine how rigorously it has sought to protect fundamental freedoms and advance human rights. He exposes the Court’s reluctance to use the Bill of Rights to decide such things as the definition of due process, the effect of inconsistent legislation, abrogation of the rights of the accused or the definition of, equality before the law. Although voicing frustration with the absence of analytical aid to readers deciphering these judgments, the author is optimistic that the Court has given constitutional status to the Bill of Rights and determined that inconsistent laws may be rendered inoperative.

Keywords:

Courts, Supreme Court

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Published

1975-12-01

Issue

Section

Legal Commentary

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