Section 7 and the Politics of Social Justice

U.B.C. L.aw Review, Vol. 38, pp. 539-560

22 Pages Posted: 10 Apr 2010 Last revised: 1 Aug 2014

See all articles by Margot E. Young

Margot E. Young

University of British Columbia (UBC) - Faculty of Law

Date Written: 2005

Abstract

This paper examines the transformative potential of section 7 of the Canadian Charter of Rights and Freedoms and its potential usefulness in the struggle against social and economic injustice central to Canadian society. Can section 7 of the Charter encompass the protection of social and economic rights? In other words, can section 7 be interpreted to capture the progressive goal of economic redistribution?

Three separate issues are considered, each providing different perspectives on the issue. First jurisprudence (doctrine) is considered, i.e. how section 7 can encompass substantive claims to economic redistributive justice. Secondly, the institutional appropriateness and justiciability of socio-economic rights is discussed, including positive and negative rights, budgetary implications, and judicial capacity. Finally, constitutional politics dominant across political, legal, and social elites in Canada are discussed.

Keywords: Constitutional Law - Canada, Canadian Charter of Rights and Freedoms, Section 7, Social Justice

Suggested Citation

Young, Margot E., Section 7 and the Politics of Social Justice (2005). U.B.C. L.aw Review, Vol. 38, pp. 539-560 , Available at SSRN: https://ssrn.com/abstract=1586514

Margot E. Young (Contact Author)

University of British Columbia (UBC) - Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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