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Supreme Court Law Review, 2nd Series, Volume 98

This collection of 13 papers examines many of the freedoms listed in section 2 of the Charter that have been “forgotten” in the sense that they have not received (much) interpretation in jurisprudence or discussion in legal scholarship.
Publication Language: English
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$235.00
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Hardcover | 520 pages

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ISBN/ISSN: 9780433509318

Product description

This collection of 13 papers examines many of the freedoms listed in section 2 of the Charter (including freedom of conscience, freedom of thought, freedom of the press, freedom of peaceful assembly and freedom of association) that have been “forgotten” in the sense that they have not received (much) interpretation in jurisprudence or discussion in legal scholarship.

The papers first discuss the jurisprudential background of the Charter and then the common themes and connections between different forgotten freedoms. The volume then analyzes in depth each of the fundamental freedoms. Also included is an appendix outlining the history of section 2 of the Charter and resulting sources, as well as comparative provisions in international human rights instruments, that may be used for further research.

The collection is divided into five parts:

  • Part I: Recovering What Has Been Forgotten
  • Part II: Freedom of Conscience and Religion
  • Part III: Freedom of Thought, Belief, Opinion and Expression, Including Freedom of the Press and Other Media of Communication
  • Part IV: Freedom of Peaceful Assembly
  • Part V: Freedom of Association
 

Featured Authors

Table of contents

Acknowledgments

Foreword – The Honourable Justice Peter D. Lauwers

The Forgotten Fundamental Freedoms: An Introduction – Dwight Newman, Derek Ross & Brian Bird


Part I: Recovering What Has Been Forgotten
Big M’s Forgotten Legacy of Freedom – Jamie Cameron

Recovering Forgotten Freedoms – Dwight Newman

Truth-Seeking and the Unity of the Charter’s Fundamental Freedoms – Derek B.M. Ross


Part II: Freedom of Conscience and Religion
The Reasons for Freedom of Conscience – Brian Bird

Blazing the Path: Freedom of Conscience is the Prototypical Right – Barry W. Bussey

Putting Conscience Rights in a Box: Can We Take Off the Lid? – Mary Anne Waldron

Religious Proselytization in Canadian Law: The Residue in the Periphery – Blair A. Major


Part III: Freedom of Thought, Belief, Opinion and Expression, Including Freedom of the Press and Other Media of Communication
Freedoms of Thought, Belief, and Opinion as Protected Inner Freedoms – Monica Fitzpatrick & Dwight Newman

Would Independent Protection for Freedom of the Press Make a Difference? The Case of Vice Media v. Canada (Attorney General) – Benjamin J. Oliphant

Section 2(b) of the Charter and the Regulation of Digital Expression – Sina Kazemi & Avnish Nanda


Part IV: Freedom of Peaceful Assembly
Understanding Freedom of Peaceful Assembly in the Canadian Charter of Rights and Freedoms – Nnaemeka Ezeani

Positive Freedoms and Peaceful Assemblies: Reenvisioning Section 2(c) of the Charter – Kristopher E.G. Kinsinger


Part V: Freedom of Association
Recovering Community: Addressing Judicial Blindspots on Freedom of Association – André Schutten

Appendix – Evolution: On the Origins of Section 2 – Melanie R. Bueckert