THE DEFERENTIAL TROJAN HORSE: A DECADE OF CHARTER DECISIONS

  • DALE GIBSON
Keywords: Constitutional Law

Abstract

The Canadian Charter of Rights and Freedoms came into force in April,1982. This article surveys its first decade of operation. General principles of Charter law, developed by Canadian courts during the decade, are examined, as are rates of Charter reliance and success in both the Supreme Court of Canada and other courts. The author concludes that the impact of the Charter, though generally powerful, has varied markedly from right to right, from one area of law to another, and from time to time. He speculates about the causes of these variations.

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Published
1993-12-01
Section
Legal Commentary