Charter of Rights and Freedoms

The Charter of Rights and Freedoms, 7e, provides an accessible yet thorough account of the constitutional protection and practical application of rights under the Canadian Charter. This seventh edition includes, for the first time, an analysis of the protection of Aboriginal and Treaty rights. 

Among the important recent cases discussed and comprehensively explored are Conseil scolaire francophone de la Colombie-Britannique (refusing to accept that controlling the cost of the right to minority-language education would justify limiting right under section 1); the Frank decision (striking down the disenfranchisement of Canadian citizens living abroad); and an important new remedies case, Ontario (Attorney General) v G (affecting suspended declarations of invalidity and applicable exemptions).  

Recent developments in the section 2(b) right to freedom of religion include the Ktunaxa Nation decision rejecting an Indigenous group’s claim that a development project would infringe their right to freedom of religion, and the Trinity Western decisions dealing with a religiously motivated covenant that discriminated against prospective LGBTQ2S+ law students. Also discussed are the developments in freedom of expression, including election spending and journalists being required to reveal their sources; the important role played by the Charter in the criminal process, including the Boudreault decision, extending the protection against cruel and unusual punishment; and equality rights, including decisions on pay equity and the Fraser case, dealing with pension benefits for women. 

Robert J. Sharpe is a retired judge of the Court of Appeal for Ontario and a distinguished jurist in residence, Faculty of Law, University of Toronto.

Kent Roach, CM, FRSC is a professor of law at the University of Toronto. He is the author of eighteen books including Canadian Policing: Why and How it Must Change, shortlisted for both the Balsillie and Donner Prizes for best book in public policy. He has conducted research for public inquiries on policing including the Arar, Air India, Ipperwash, Public Order Emergency, and Toronto Missing Persons inquiries and served as chair of the RCMP’s Management Advisory Board. He received the Molson Prize in 2017 for contributions to the social sciences and humanities.