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Supreme Court Law Review, 2nd Series, Volume 91

This text comprises a collection of papers examining how government and decision-makers approach issues related to competing morals and values, and how such differences may be accommodated in a free and democratic society. The issues explored are becoming intensely pertinent as Canada’s religious diversity increases, the state expands into areas traditionally seen as private, and state actors seek to promote certain 'values'.
Publication Language: English
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$235.00
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Hardcover | 392 pages

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ISBN/ISSN: 9780433500957

Product description

This text comprises a collection of extensively-researched papers from leading authorities, and offers thought-provoking reflections about public decision-making, Charter rights and values, state neutrality and secularism, and the rule of law.

What is the role of the state in resolving social tensions rooted in competing morals and beliefs among citizens? And what is the role of the law in resolving such ‘values’ conflicts between the citizen and the state?

These questions are increasingly pertinent as Canada’s religious diversity expands, the administrative state extends into traditionally private sectors, and state actors seek to promote certain preferred values. These developments raise important questions about how, and why, differences ought to be accommodated in a free and democratic society.

The articles collected in this volume explore some of these themes and questions, and underscore the value of, and need for, continued dialogue and critical examination of these issues.

The volume is divided into four parts:

  • Part I: Charter Values
  • Part II: Rejuvenating Charter Protections
  • Part III: State Neutrality, Secularism, and Religious Pluralism
  • Part IV: Reconciling Competing Rights and Interests
 

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Table of contents

Introduction – Canadian Pluralism and the Charter: Moral Diversity in a Free and Democratic Society


Part I: Charter Values
What Could Go Wrong with Charter Values? – The Honourable Justice Peter Lauwers

The Intolerant State: The Use and Misuse of Charter Values in the Supreme Court of Canada – Mary Anne Waldron


Part II: Rejuvenating Charter Protections
Interpreting Freedom of Thought in the Canadian Charter of Rights and Freedoms – Dwight Newman

Religious Equality: Restoring Section 15’s Hollowed Ground – Derek B.M. Ross and Deina Warren


Part III: State Neutrality, Secularism and Religious Pluralism
Transformative State Neutrality – Anna Su

The Role of the Secular State Vis-à-Vis Religion – Janet Epp Buckingham

Inclusive Religious Neutrality: Rearticulating the Relationship Between Sections 2(a) and 15 of the Charter – Kristopher E.G. Kinsinger


Part IV: Reconciling Competing Rights and Interests
The Canada Summer Jobs Debate and the Democratic – Decline Barry W. Bussey

Canada’s New Hierarchy of Rights – Matthew P. Harrington