Protecting Rights and Freedoms : : Essays on the Charter's Place in Canada's Political, Legal, and Intellectual life / / ed. by Philip Bryden, Stephen Davis, John Russell.

• Superior document: Title is part of eBook package: De Gruyter University of Toronto Press eBook-Package Archive 1933-1999
• MitwirkendeR: Bryden, Philip,; Campbell, Rt. Hon. Kim,; Elliot, Robin,; Friedenberg, Edgar Z.,; Gagnon, Lysiane,; Lajoie, Andrte,; Michelman, Frank I.,; Monahan, Patrick J.,; Quillinan, Henry,; Russell, John,; Russell, Peter H.,; Simpson, Jeffrey,; Smith, Lynn,; Tully, James,
• HerausgeberIn: Bryden, Philip,; Davis, Stephen,; Russell, John,
• Place / Publishing House: Toronto : : University of Toronto Press, , [2016]; ©1994
• Year of Publication: 2016
• Language: English
• Series: Heritage
• Physical Description: 1 online resource (241 p.)

In his introduction to this collection of essays by constitutional experts, Philip Bryden says that Canadians can be proud of their commitment to the protection of rights and liberties in the Charter. Canada, he believes, is a better place to live then it would be otherwise. Nevertheless, as the essays in this book reveal, the case in favour of the Charter is not simple or one-sided. For instance, Kim Campbell, minister of justice at the time of writing, and Jeffrey Simpson of the Globe and Mail express concern that the Charter promotes a rights discourse that threatens to overwhelm the ordinary politics of recognizing and accommodating different interests. Dean Lynn Smith of the University of British Columbia law faculty observes that the Charter rights are better understood as complementing than as supplanting traditional mechanisms. The authors, diverse in background and outlook, reflect varying points of view but share a significant degree of consensus on issues that need to be addressed.

Table of Contents

Frontmatter -- Contents -- Acknowledgments -- Contributors -- 1. Protecting Rights and Freedoms: An Overview -- I. THE CHARTER AND CANADIAN POLITICAL LIFE -- 2. Parliament's Role in Protecting the Rights and Freedoms of Canadians -- 3. The Political Purposes of the Charter: Have They Been Fulfilled? An Agnostic's Report Card -- 4. The Charter and Quebec -- 5. Rights Talk: The Effect of the Charter on Canadian Political Discourse -- 6. Have the Equality Rights Made Any Difference? -- II. THE CHARTER IN THE COURTS -- 7. The Supreme Court Judges' Views of the Role of the Courts in the Application of the Charter -- 8. The Charter Then and Now -- 9. The Supreme Court's Rethinking of the Charter's Fundamental Questions (Or Why the Charter Keeps Getting More Interesting) -- III. THE CHARTER AND OUR INTELLECTUAL TRADITIONS -- 10. Is Democracy a Constitutional Right? New Turns in an Old Debate -- 11. Après Nous la Liberté? -- 12. Multirow Federalism and the Charter -- 13. Nationalistic Minorities and Liberal Traditions