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Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms continues a strong
Canadian tradition of protecting civil liberties. Prior to the
Charter, federal legislation was reviewable by the 1960 Canadian
Bill of Rights. And, prior to that, many civil liberties were
protected by other means, most notably by the "implied bill of
rights" jurisprudence.
The number of internet sites on civil liberties is staggering.
However, they are mostly American, and the Canadian constitutional
scholar should be cautious of importing American concepts to Canadian
practice. Some debates, such as the debate by Westen et al.
concerning "The Empty Idea of Equality" [pp. 678-686 of the text]
make considerable sense when reviewed in its American context.
However, the drafters of the Canadian Charter of Rights and Freedoms
used different words in our equality provisions, notably referring to
equality "without distcrimination and, in particular, without
discrimination based on race, national or ethnic origin, colour,
religion, sex, age or mental or physical disability."
Therefore, Westen's concerns about the circularity and lack of
content to words such as "people who are alike should be
treated alike" are not that applicable, except to feed
one's intellectual appetite.
Nonetheless, this website attempts to provide a general
overview for the constitutional scholar on the Canadian
Charter of Rights and Freedoms with a Canadian outlook.
In particular, the following pages may be of interest to the
constitutional scholar:
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