Rarotonga, 2010

Simon's Legal Resources

(Ontario)

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TOPICS

Canadian Charter of Rights and Freedoms


COMMENT

My legal career has roughly spanned the life of the Charter, and I have been involved with several Charter cases, two of them successful - one to the Supreme Court of Canada [Ramsden v. Peterborough (City) (SCC, 1993)]. Canada is blessed with an 'active' constitution, primarily in the form of the Charter but also in it's Constitution (non-Charter) form (typically in the 'division of powers' doctrine).

If you're going to be involved in any sort of activist law, you need a familiarity with the Charter.


CASES

Limits

Charter - Oakes Test (s.1)

Freedoms

Charter - Freedom of Expression (s.2b)
Charter - Democratic Rights (s.3)

Rights

Charter - Legal Rights (s.7)
Charter - Vagueness
Charter - Privacy (s.8)
Charter - Right to Counsel [s.10(b)]
Charter - Habeas Corpus [s.10(c)]
Charter - Cruel and Unusual Treatment or Punishment (s.12)
Charter - Discrimination (s.15) | Part 2
Charter - Language Rights (s.23)

Remedies

Charter - Charter Torts (+)
Charter - Remedies [s.24(1)]
Charter - Exclusion of Criminal Evidence [s.24(2)] (+)
Charter - Declarations of Invalidity (s.52) | Part 2

Other

Charter - Procedure
Charter - Application (s.32)
Charter - 'Notwithstanding Clause' (s.33)
Charter - Administrative
Charter - Evidence


CONSTITUTIONAL LAW

Canadian Charter of Rights and Freedoms


THIRD-PARTY RESOURCES

Wikipedia - Canadian Charter of Rights and Freedoms
Charterpedia (Canadian government)

[last edit 20 Nov 2022]

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