Charter Conflicts: What Is Parliament's Role?McGill-Queen's Press - MQUP, 24/04/2002 - 280 páginas Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights. |
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Página iv
... Canada through the Book Publishing Industry Development Program (bpidp) for its publishing activities. We also acknowledge the support of the Canada Council for the Arts for our publishing program. National Library of Canada Cataloguing ...
... Canada through the Book Publishing Industry Development Program (bpidp) for its publishing activities. We also acknowledge the support of the Canada Council for the Arts for our publishing program. National Library of Canada Cataloguing ...
Página vii
... Canadian Studies 35:5 (2001). I wish to thank the editors and anonymous reviewers for their helpful suggestions. I am grateful as well to the Social Sciences and Humanities Research Council of Canada for funding, and to assistance from ...
... Canadian Studies 35:5 (2001). I wish to thank the editors and anonymous reviewers for their helpful suggestions. I am grateful as well to the Social Sciences and Humanities Research Council of Canada for funding, and to assistance from ...
Página viii
... of Jessica Marchand, Laura MacInnis, and Gerard Horgan. Above all, my greatest debt is to Wayne Hiebert for his unwavering support. Introduction Currently, Canada's political culture is being transformed by a viii Acknowledgments.
... of Jessica Marchand, Laura MacInnis, and Gerard Horgan. Above all, my greatest debt is to Wayne Hiebert for his unwavering support. Introduction Currently, Canada's political culture is being transformed by a viii Acknowledgments.
Página ix
... Canada has increased dramatically since the introduction of the Canadian Charter of Rights and Freedoms in 1982. The Charter introduced a profound change to the nation's governing principles. It sets out protected rights of the members ...
... Canada has increased dramatically since the introduction of the Canadian Charter of Rights and Freedoms in 1982. The Charter introduced a profound change to the nation's governing principles. It sets out protected rights of the members ...
Página xi
... Canadian constitution provides a mechanism for resolving the most extreme forms of Charter disagreements – the legislative ... Canada's decision to utilize a bill of rights to evaluate the merits of legislative decisions and other state ...
... Canadian constitution provides a mechanism for resolving the most extreme forms of Charter disagreements – the legislative ... Canada's decision to utilize a bill of rights to evaluate the merits of legislative decisions and other state ...
Índice
3 | |
The Legitimacy Debate | 20 |
A Relational Approach to Charter Judgments | 52 |
Tobacco Advertising | 73 |
5 | 91 |
Regulating the Collection and Uses of dna | 118 |
The Rules and Exemptions for Search Warrants | 146 |
Equality Claims of Lesbians and Gay Men | 162 |
Assessing the Charters Influence | 200 |
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accept accused actions activity adopted allow amend approach argued argument arise arrest assess assumptions authorization benefits bill of rights Canada Canadian changes Charter choices Committee common law concerns consideration considered constitutional constitutionalism Criminal criticism debate decision defence Department discrimination discussion distinctions effect equality evaluating evidence example existing expression federal fundamental Human Rights Ibid implications important indicated individuals influence institutional interest interpretation issues judges judgment judicial review judiciary Justice justified legislation lesbians and gay Liberal limited majority marriage meaning ment minister nature necessary normative objectives obtained opinion override Parliament parliamentary particularly person political Press principles protection question reasonable recognize records reflect reforms relational relationships relevant representative respect responsibility restrictions rights claims role ruling same-sex samples sexual assault significant social spouse suggested Supreme Court tion tobacco trial values violated warrant