Written by two of Canada’s leading constitutional scholars, no other Canadian book provides such an accessible yet thorough and objective account of the Canadian Charter of Rights and Freedoms. The authors survey the manner in which Canadian courts have come to terms with a constitutionally entrenched bill of rights, focusing on the decisions of the Supreme Court of Canada. The purpose is to explain the Charter, its interpretation by the courts, and its practical application.
There have been many significant developments in Charter jurisprudence since the publication of the fourth edition in 2009. The Supreme Court has revisited the fundamental issues concerning the interpretation of freedom of association, equality rights, and the reach of the protection accorded life, liberty, and security of the person. There have also been significant developments with regard to freedom of expression, freedom of religion and its relationship with the fair trial rights of the accused.
About the authors
Robert Sharpe was formerly a professor at the Faculty of Law, University of toronto, where he wrote and taught in the areas of constitutional law, remedies, civil procedure, and criminal law. From 1990 to 1995 he served as Dean of the Faculty. He has appeared as counsel in a number of Charter cases in courts at all levels, including the Supreme Court of Canada. From 1988 to 1990, he served as the Supreme Court's Executive Legal Officer. Robert Sharpe was elwcted a Fellow of the Royal Society of Canada in 1991. He was appointed to the Ontario Court of Justice (General Division) in 1995 and was appointed to the Ontario Court of Appeal in 1999. He was elected a Fellow of the Royal Society of Canada in 1991, awarded the Ontario Bar Association Distinguished Service Award in 2005, elected a Senior Fellow of Massey College in 2006, and received the Mundell Medal for Distinguished Contribution to Law and Letters in 2008. Justice Sharpe has published many scholarly articles and is the author of several award-winning books on law and legal history.
Kent Roach is a professor of law and the Prichard-Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law. He is a graduate of the University of Toronto and of Yale University, and a former law clerk to Justice Bertha Wilson of the Supreme Court of Canada. Professor Roach has been editor-in-chief of the Criminal Law Quarterly since 1998. In 2002, he was elected a Fellow of the Royal Society of Canada and in 2013 he was one of four academics awarded a Pierre Elliott Trudeau Fellowship. He is the author of twelve books, including Constitutional Remedies in Canada (winner of the Walter Owen Prize); Due Process and Victims’ Rights (shortlisted for the Donner Prize); The Supreme Court on Trial (shortlisted for the Donner Prize); Brian Dickson: A Judge’s Journey (winner of the Dafoe Prize; co-authored with Robert J. Sharpe); and The 9/11 Effect: Comparative Counter-Terrorism (winner of the David Mundell Medal). He is the co-editor of several collections of essays and published casebooks, including most recently Comparative Counter-Terrorism Law, which arose from his role as General Reporter on Counter-Terrorism Law for the XIX International Congress on Comparative Law held in 2014. With Justice Robert Sharpe, he is the co-author of The Charter of Rights and Freedoms volume in Irwin Law’s Essentials of Canadian Law series. False Security: The Radicalization of Canada’s Terror Law, co-authored with Craig Forcese, was published by Irwin Law in 2015. He has also written over 200 articles and chapters published in Australia, China, Hong Kong, India, Israel, Italy, Kenya, Singapore, South Africa, Sweden, the United Kingdom, and the United States, as well as in Canada. Professor Roach has served as research director for the Inquiry into Pediatric Forensic Pathology in Ontario (the Goudge Inquiry) and for the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182. In both capacities, he edited multiple volumes of research studies. He served on the research advisory committee for the inquiry into the rendition of Maher Arar and the Ipperwash Inquiry into the killing of Dudley George. He was a special advisor to the Truth and Reconciliation Commission on Residential Schools. Professor Roach has represented Aboriginal and civil liberties groups in many interventions before the courts, including Gladue, Wells, Ipeelee, and Anderson on sentencing Aboriginal offenders; Latimer on mandatory minimum sentences; Stillman, Dunedin Construction, Downtown East Side Sex Workers, and Ward on Charter remedies; Golden on strip searches; Khawaja on the definition of terrorism; and Corbiere and Sauvé on voting rights. He is the faculty lead for the Asper Centre for Constitutional Rights.
Other titles by Robert J. Sharpe
Other titles by Kent Roach
Canadian Justice, Indigenous Injustice
The Gerald Stanley and Colten Boushie Case
Criminal Law, 7/e
The Radicalization of Canadian Anti-Terrorism
Criminal Law, 6/e
Acting for Freedom
Fifty Years of Civil Liberties in Canada
Criminal Law 5/e
Forensic Investigations and Miscarriages of Justice
The Rhetoric Meets The Reality
The Charter of Rights and Freedoms
Criminal Law 4/e
Access to Care, Access to Justice
The Legal Debate Over Private Health Insurance in Canada