Now in its second edition, this book gives the reader unique insight into Canadian human rights law and its interplay with the country’s international human rights commitments. Specifically, the book focuses on the disparity between the rich human rights vocabulary of Canada’s commitments under international law, and the much more limited use of the phrase “human rights” in domestic law. Written by a university professor with specializations in both philosophy and law, the book gives a balanced legal/philosophical perspective which is rare to find in a book dealing with this subject matter; moreover, this balanced perspective enables the reader to better understand this area of law.
New in This Edition
- Up to date developments in the field of Canadian human rights law
- Discussion of the remedies for human rights violations
- More extracts of relevant human rights treaties and Canadian human rights documents not found anywhere else
- Extensively re-written, updated, and expanded commentary
Book Features
- Contains, in one single volume, all of the core human rights treaties to which Canada is a party, as well as selections from the relevant Canadian legislation
- Includes the Declaration on the Rights of Indigenous Peoples, and the Convention on the Rights of Persons with Disabilities
- Contains the Optional Protocols to the core human rights treaties to which Canada is a party
Who Should Read This Book
- Human rights lawyers can use this book to help explain the law to clients. With this book, there is no need to do exhaustive research; all relevant treaties and legislation are available at one’s finger tips.
- General practitioners can use this book as a handy reference for better understanding of this area of law.
- Government policy advisors and counsel can refer to this book to ensure government policies are not in breach of human rights law. As well, they need to understand Canada’s commitments to international human rights law in order to formulate foreign policies.
About the Author
Table of Cases
Commentary
I. Introduction
II. The Human Rights Project
III. Recognising Human Rights
IV. The Meaning of Human Rights: Some Ongoing Debates
1. The Existence of Human Rights
2. Human Rights and Human Duties
3. Human Rights and Cultural Values
4. Negative & Positive Rights
5. The Generations of Rights
6. Human Rights and Group Rights
7. Human Rights, States and Governments
8. Human Rights and Legal Rights
9. Equality and Human Rights
V. Canada’s Ongoing Commitment to the International Community
1. The Vienna Declaration
2. The Responsibility to Protect
3. Statements of Policy
VI. The Gap Between International and Domestic Human Rights Language
1. The Absence of Human Rights Language in Policy Debates
(a) The Human Right to Healthcare
(b) The Human Right to Higher Education
(c) The Human Right to an Independent and Impartial Judiciary
2. The Language of Discrimination and Human Rights
VII. Treaties and the Constitution
VIII. Remedies for Human Rights Violations
IX. The Domestic Legal Status of Human Rights Treaties
1. Interpreting the Charter of Rights and Freedoms
2. Judicial Interpretation of Statutory Language
3. Developing the Common Law
X. An Unfinished Project
A selection of human rights materials
Stanley M. Corbett, Ph.D., LL.B.,
Stanley M. Corbett, Ph.D., LL.B., is a Continuing Adjunct Assistant Professor in the Faculty of Law at Queen’s University where he teaches courses in Public, Constitutional, International Law, Administrative and Human Rights Law. Previously, he taught philosophy for almost twenty years, including twelve years at Acadia University in Nova Scotia before attending law school. Mr. Corbett graduated from the Faculty of Law, Queen’s University in 1995 and has taught in the Faculty of Law, the Department of Philosophy, the School of Policy Studies, and the School of Medicine since graduating.
Stan Corbett is also a member of the Affiliated Faculty with the Queen's Centre for Health Services and Policy Research, and is a sessional lecturer in the Faculty of Health Sciences. He has also taught courses on public sector ethics in the School of Policy Studies.