Charter of Rights and Freedoms

This course explores the impact of the Charter of Rights and Freedoms in shaping our laws and judicial process. The reach of the charter in both conferring rights, and imposing the burden of rights is thoroughly explored with the assistance of interpretative approaches. Through case studies, students develop an understanding of the scope of such charter rights as freedom of expression, equality rights, and fundamental justice. The impact of section 1 of the charter in restricting those rights is systematically examined, including the criteria utilized in determining whether the limitation is reasonable. Special attention is given to the range of charter remedies, the protection of aboriginal rights, and the exclusion of evidence for charter violations. The course also addresses the impact of the charter in politicizing the role of the courts.