LexisNexis®

Canadian Charter of Rights and Freedoms, 5th Edition + Charte canadienne des droits et libertés, 5e édition

$305.00
Publisher: LexisNexis Canada
Format::  Livre, 2
ISBN:: 9780433471400
2013-10-31

Description

La version française disponible ici

Thirty years after the enactment of the Canadian Charter of Rights and Freedoms, LexisNexis is pleased to publish the 5th edition of this landmark treatise that examines the interpretation and application of the Charter by Canadian courts in both the private and criminal law spheres, as well as its impact on the Canadian legal system. Updated to reflect the most recent constitutional developments, this constitution law book offers a comprehensive review of the evolution of the Charter in the Canadian legal landscape.

Highlights of This Book

Since its first publication, in 1982, this bilingual text has become an invaluable reference for constitutional law practitioners and students as it features:

New in This Edition

The publication of this edition coincides with the 30th anniversary of the Charter and offers:

A Vital Resource For

This book is a comprehensive, go-to reference for anyone with an interest in constitutional law in Canada. In particular, it should have a place on the bookshelf of:


Table of Contents

Prologues
Chapter 1: The Canadian Charter of Rights and Freedoms: Context and Evolution – Former Chief Justice Brian Dickson Chapter 2: The Canadian Charter of Rights and Freedoms' First 30 Years: A Good Beginning – Chief Justice Beverly McLachlin

Part I: Interpretation and Application Chapitre 3: Les fondements philosophiques et théoriques de la Charte canadienne des droits et libertés – Stéphane Bernatchez
Chapter 4: Evolving Fundamental Principles and Merging Public Law Silos: The Reshaping of Canada's Constitutional Landscape – Wayne MacKay
Chapter 5: Interpretation Sections (27 & 28) of the Canadian Charter– Ayelet Shachar
Chapitre 6: «Texture ouverte», droit international et interprétation de la Charte canadienne – Stéphane Beaulac
Chapitre 7: L'application de la Charte canadienne des droits et libertés par les valeurs : l'article 32 – Noura Karazivan
Chapter 8: Section 1 of the Charter after 30 Years: The Soul or the Dagger at its Heart? – Errol Mendes

Part II: Fundamental Freedoms, Democratic Rights and Mobility Rights
Chapter 9: Freedom of Conscience and Religion – Richard Moon
Chapter 10: Freedom of Expression in Canada – Kent Roach and David Schneiderman
Chapter 11: Freedom of Association – Judy Fudge
Chapitre 12: Les droits démocratiques (articles 3 à 5) – Pierre Thibault
Chapitre 13: L'article 6 de la Charte canadienne des droits et libertés : La lib0erté de circulation et d'établissement – Idil Atak

Part III: Legal Rights
Chapter 14: The Other Section 7 – Margot Young
Chapter 15: Section 7 and the Criminal Law – Carissima Mathen
Chapter 16: Unreasonable Search and Seizure and Section 8 of the Charter: Cost-benefit Analysis in Constitutional Interpretation – Stephen Penney
Chapter 17: Sections 9, 10 and 11 of the Canadian Charter – Robert Currie and Steve Coughlan
Chapitre 18: Les garanties juridiques énoncées aux articles 12, 13 et 14 de la Charte – Fannie Lafontaine, Julie Desrosiers and Alexandre Stylios

Part IV: Equality, Linguistic, and Educational Rights
Chapter 19: The Equality Rights – William Black and Justice Lynn Smith
Chapitre 20: Les articles 16 à 22 de la Charte – Pierre Foucher
Chapitre 21: L'article 23 de la Charte canadienne des droits et libertés – Michel Doucet

Part V: Enforcement
Chapter 22: Enforcement of the Charter – Subsections 24(1) and 52(1) – Kent Roach Chapitre 23: L'article 24(2) de la Charte canadienne – Simon Roy
Part VI: Aboriginal Rights Chapter 24: Aboriginal and Treaty Rights in Canada – Bradford W. Morse

Epilogues
Chapitre 25: Charte canadienne: La trentenaire – Former Chief Justice Michel Robert
Chapter 26: Section 25 of the Charter; Section 35 of the Constitution Act, 1982: Aboriginal and Treaty Rights; 30 Years of Recognition and Affirmation – Justice Harry Laforme

Author/Contributor

Errol P. Mendes, LL.B., LL.M. & Stéphane Beaulac, LL.L., LL.B., LL.M., Ph.D.


Errol P. Mendes, LL.B., LL.M., is a full professor at the Faculty of Law, University of Ottawa. He has had a unique career as a leading and high profile university professor and scholar in his areas of expertise, as an adviser to governments, civil society, corporations and the United Nations, as a human rights practitioner and as a teacher of thousands of students in law faculties in Alberta, Ontario and Quebec since 1979.

He was the founding editor-in-chief of the National Journal of Constitutional Law and the co-editor of three of the editions of the landmark bilingual text, Canadian Charter of Rights and Freedoms. Mr. Mendes has served as a senior adviser in the Privy Council Office of the Government of Canada, as commissioner on the Ontario Human Rights Commission, as a tribunal member of the Canadian Human Rights Tribunal, as director of the Human Rights Research and Education Centre at the University of Ottawa and as a visiting professional at the International Criminal Court.

His long service in the field of human rights was recognized by the Walter Tarnopolsky Award for Human Rights by the International Commission of Jurists, Canadian Section. Mr. Mendes was recently awarded a Visiting Position at Harvard Law School.

Stéphane Beaulac, LL.L., LL.B., LL.M., Ph.D., is a full professor at the Faculty of Law, University of Montreal. His background is bijural: civil law at the University of Ottawa (summa cum laude) and common law at Dalhousie Law School (first in programme). Dr. Beaulac was a law clerk at the Supreme Court of Canada with Justice L'Heureux-Dubé. He graduated from the University of Cambridge with an LL.M. (first class honours) and a Ph.D. in international law (with Philip Allott).

Dr. Beaulac is a rapporteur for Canada of the case law using international law domestically with Oxford University Press and was the director of the Quebec Journal of International Law. He has published some 12 books, including The Power of Language in the Making of International Law (2004) and, with William Schabas, International Human Rights and Canadian Law (2007). He is a general editor of the series on public law for JurisClasseur Québec (LexisNexis Canada).

Dr. Beaulac was a Max Weber Fellow at the European University Institute in Florence, as well as a Neil MacCormick Fellow at the University of Edinburgh School of Law. He also visited the universities of Ulster, Amsterdam and Trento. He contributes frequently to public debates in the media.

Senator / Sénateur Gérald A. Beaudoin & / et Errol Mendes


Sénator Gérald-A. Beaudoin is the author, editor and co-editor of a number of books and collective works.  These include: Essais sur la Constitution; Le partage des pouvoirs; La Constitution du Canada; Le federalisme au Canada; Les droits et libertes au Canada; Mecanismes pour une nouvelle Constitution; and Les quotidiens et la loi.  He co-edited the first three editions of this book La Charte canadienne des droits et libertes and The Canadian Charter of Rights and Freedoms, with W.S. Tarnopolsky (1982), with Edward Ratushny (9189) and with Errol Mendes (1996).

Errol P. Mendes, LL.B., LL.M. & Stéphane Beaulac, LL.L., LL.B., LL.M., Ph.D.


Errol P. Mendes, LL.B., LL.M., is a full professor at the Faculty of Law, University of Ottawa. He has had a unique career as a leading and high profile university professor and scholar in his areas of expertise, as an adviser to governments, civil society, corporations and the United Nations, as a human rights practitioner and as a teacher of thousands of students in law faculties in Alberta, Ontario and Quebec since 1979.

He was the founding editor-in-chief of the National Journal of Constitutional Law and the co-editor of three of the editions of the landmark bilingual text, Canadian Charter of Rights and Freedoms. Mr. Mendes has served as a senior adviser in the Privy Council Office of the Government of Canada, as commissioner on the Ontario Human Rights Commission, as a tribunal member of the Canadian Human Rights Tribunal, as director of the Human Rights Research and Education Centre at the University of Ottawa and as a visiting professional at the International Criminal Court.

His long service in the field of human rights was recognized by the Walter Tarnopolsky Award for Human Rights by the International Commission of Jurists, Canadian Section. Mr. Mendes was recently awarded a Visiting Position at Harvard Law School.

Stéphane Beaulac, LL.L., LL.B., LL.M., Ph.D., is a full professor at the Faculty of Law, University of Montreal. His background is bijural: civil law at the University of Ottawa (summa cum laude) and common law at Dalhousie Law School (first in programme). Dr. Beaulac was a law clerk at the Supreme Court of Canada with Justice L'Heureux-Dubé. He graduated from the University of Cambridge with an LL.M. (first class honours) and a Ph.D. in international law (with Philip Allott).

Dr. Beaulac is a rapporteur for Canada of the case law using international law domestically with Oxford University Press and was the director of the Quebec Journal of International Law. He has published some 12 books, including The Power of Language in the Making of International Law (2004) and, with William Schabas, International Human Rights and Canadian Law (2007). He is a general editor of the series on public law for JurisClasseur Québec (LexisNexis Canada).

Dr. Beaulac was a Max Weber Fellow at the European University Institute in Florence, as well as a Neil MacCormick Fellow at the University of Edinburgh School of Law. He also visited the universities of Ulster, Amsterdam and Trento. He contributes frequently to public debates in the media.



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