Courts, Legislatures, and the Charter of Rights and Freedoms: An Evolution of Legal Human Rights in Canada

Supreme Court of Canada

 

Introduction

 

The Charter of Rights and Freedoms expanded the powers of the judicial branch, replacing the not so effective statute called Bill of Rights, validating courts’ unneglectable presence in the legislative process with greatly empowered judicial review. This article examines the interactions and dialogues on the Charter of Rights and Freedoms between the judiciary and the legislatures in Canada, explains Section 1 limits on Charter rights and Section 33 of Legislative Override, explores some forms of non-constitutional protection of individual rights, and ultimately tries to prove why the courts have adequately protected rights in Canada despite certain imperfections.

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