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Supreme Court Law Review, 2nd Series, Volume 112
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When can the state place limits on basic human rights? This is a fundamental question for any liberal democracy.
In Canada, for rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms, the answer is found in section 1 of this constitutional document. Section 1 provides that the state may only subject Charter rights and freedoms to limits that are “reasonable”, “prescribed by law”, and “demonstrably justified in a free and democratic society”.
But interpreting these standards has proven a difficult task, one which courts, decisionmakers, and legislatures have wrestled with over the first four decades of Charter jurisprudence.
This collection offers fresh, innovative, and insightful perspectives on these challenges, and on the proper scope, contours, and limits of rights and freedoms. It will be of value to jurists, scholars, governments, lawyers, students, and litigants alike.
Table of contents
Foreword: Beyond Proportionality—John Borrows
Table of Cases
Rights, Freedoms, and their Limits: Reimagining Section 1 of the Charter: An Introduction—Brian Bird and Derek Ross, General Editors
PART I: THE FREE AND DEMOCRATIC SOCIETY
Are Pluralism and Antifragile Tolerance Essential in a Free and Democratic Society?—The Honourable Peter Lauwers
Legislative Reasoning, Participation and the Inescapable Normativity of the “Free and Democratic Society”—Benjamin Woodfinden
What Oakes Could Have Said (or How Else to Read a Limitation Clause)—Grégoire Webber
PART II: LIMITING RIGHTS: WHAT’S “REASONABLE”?
Proportionality Maxims and Best Practices: An Essay on Using Oakes to Achieve a Post-Oakes Future—Dwight Newman, KC
Renewing Freedom of Expression, Part Two: From the Contextual Approach to Proportionality Balancing—Jamie Cameron
Revisiting the Analytical Distinction Between Section 7 and Section 1 of the Charter: Legislative Objectives, Policy Goals and Public Interests—Debra M. Haak
Section 15(1): Precedent and Principles—Hoi Kong
PART III: REIMAGINING THE APPROACH TO SECTION 1 IN ADMINISTRATIVE LAW
Minimal Impairment: An Unreasonable Measure of the Justifiable Limits of Rights—Marcus Moore
Proportionality—More than Balancing: Exploring the Doré Framework in Light of Section 1—Carmelle Dieleman
The Future of Section 1 in the Law of Judicial Review—Mark P. Mancini
Special Essay – Charter Metamorphosis: 1982-2022—The Honourable Ian Binnie
New!PreorderRights, Freedoms, and Their Limits: Reimagining Section 1 of the CharterNew!Release date: December 29, 2023$125.00
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