Human Rights 3113: The Canadian Charter of Rights and Freedoms

Michael Comeau
mcomeau@stu.ca

Short Description

This course examines the impact of the Canadian Charter of Rights and Freedoms. After an introductory discussion of the history and values underlying the Charter, the course will focus on the impact of the Charter on the rights and freedoms of Canadians and on Canadian law and politics.

Materials

Robert J. Sharpe and Kent Roach, The Charter of Rights and Freedoms, Third Edition (2005, Irwin Law): available at the campus bookstore. The instructor will provide supplementary readings.

Outline

1. Historical, legal and philosophical context of the Charter (chapters 1-2 and supplementary readings)
   
   1. Global rights revolution
   2. Fundamentals of the Constitution of Canada pre 1982
   3. Pre-1982 protection of human rights under Canadian law
   4. The development of the 1982 Constitution Act
   5. The legitimacy of judicial review
      
2. Interpretation of the Charter (chapter 3 and additional readings)
   
3. How the Charter works:
   
   1. Limitation and override of Charter guarantees (chapters 4-5 and additional readings)
   2. Application of the Charter (chapters 6-7)
   3. Remedies (chapter 17)
      
4. Freedom of religion (chapter 8)
   
5. Freedom of expression (chapter 9 and additional readings)
   
6. Equality (chapter 15 and additional readings)
   
7. Right to life, liberty and security of the person (chapter 13)
   
8. Rights of persons involved in the criminal justice system (chapter 14)

Contact with the instructor

The instructor has a mail box in room Holy Cross House 206. The instructor will reply promptly to all email sent to mcomeau@stu.ca.

The instructor is available to meet by appointment. Arrangements to meet can be made with the instructor before/after class or via email.

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