CHARTER OF RIGHTS & FREEDOMS 6 - Softcover

Sharpe, Robert J.; Roach, Kent

Softcover

ISBN 10: 155221446X ISBN 13: 9781552214466

Publisher: Irwin Law, 2017

Synopsis

Written by two of Canada's leading constitutional scholars, no other Canadian book provides such an accessible yet thorough and objective account of the Canadian Charter of Rights and Freedoms. The authors survey the manner in which Canadian courts have come to terms with a constitutionally entrenched bill of rights, focusing on the decisions of the Supreme Court of Canada. The purpose is to explain the Charter, its interpretation by the courts, and its practical application.There have been many significant developments in Charter jurisprudence since the publication of the previous edition in 2013. This edition highlights new developments under section 7 of the Charter, including discussion of the landmark Bedford and Carter decisions and Parliament's replies to those decisions. It also features developments under section 1, including increased emphasis on the final balancing stage of the proportionality test in the 2016 case of R v KRJ. As always, many Charter decisions relate to the criminal process and they appear in this edition, including the new approach to trial in a reasonable time in Jordan, and a range of cases relating to mandatory sentences and retroactive punishment. The authors also consider the development in freedom of association jurisprudence to embrace not only rights of collective bargaining, but also the right to strike.

About this title

About the Author

Robert Sharpe was formerly a professor at the Faculty of Law, University of Toronto, where he wrote and taught in the areas of constitutional law, remedies, civil procedure, and criminal law. From 1990 to 1995 he served as Dean of the Faculty. He has appeared as counsel in a number of Charter cases in courts at all levels, including the Supreme Court of Canada. From 1988 to 1990, he served as the Supreme Court's Executive Legal Officer. He was appointed to the Ontario Court of Justice (General Division) in 1995 and to the Ontario Court of Appeal in 1999. Robert Sharpe was elected as a Fellow of the Royal Society of Canada in 1991, presented with the Ontario Bar Association Distinguished Service Award in 2005, and elected as a Senior Fellow of Massey College in 2006. In 2008, he received the Mundell Medal for making a distinguished contribution to law and letters. In 2011, he was appointed as a Visiting Professor, Oxford University, and received honorary doctoral degrees from the Law Society of Upper Canada and the University of Windsor. Justice Sharpe has published many scholarly articles and is the author of several award-winning books on law and legal history, including The Law of Habeas Corpus, 3d ed (2011); The Last Day, the Last Hour: The Currie Libel Trial (1988); Injunctions and Specific Performance, 4th ed (2011); Brian Dickson: A Judge's Journey (with Kent Roach) (2003); The Persons Case: The Origins and Legacy of the Fight for Legal Personhood (with Patricia McMahon) (2007); and The Lazier Murder: Prince Edward County, 1884 (2011).

Edition details

• Publisher: Irwin Law
• Publication date: 2017
• Language: English
• ISBN 10: 155221446X
• ISBN 13: 9781552214466
• Binding: Paperback