Legal Rights in the Supreme Court of Canada in 2000: Seeing the Big Picture

Supreme Court Law Review, Vol. 14, pp. 97-109, 2001

14 Pages Posted: 21 Mar 2011

See all articles by Janine Benedet

Janine Benedet

University of British Columbia - Faculty of Law

Date Written: 2001

Abstract

In 2000, the Supreme Court of Canada decided four cases which raised claims concerning some of the legal rights provisions of the Charter. Two of the cases were criminal: R. v. Darrach, [2000] 2 S.C.R. 443; R. v. Morrisey, [2000] 2 S.C.R. 90. The other two cases involved a human rights investigation (Blencoe v. British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307), and a child protection proceeding (Winnipeg Child and Family Services v. K.L.W., [2000] 2 S.C.R. 519).

This comment focuses on two of these decisions (Blencoe and Darrach) where the SCC considered claims under section 7 of the Charter in the context of proceedings important to women's equality. Both of these cases demonstrate a commitment on the part of the Court to contextualize the interpretation of legal rights to take into account interests beyond those of the immediate parties to the case. In this paper, the author argues that this trend is justifiable in both the human rights and the criminal contexts at issue in these appeals.

Keywords: Canadian Charter of Rights and Freedoms, Legal Rights, Sexual Harassment, Sexual History Evidence

Suggested Citation

Benedet, Janine, Legal Rights in the Supreme Court of Canada in 2000: Seeing the Big Picture (2001). Supreme Court Law Review, Vol. 14, pp. 97-109, 2001, Available at SSRN: https://ssrn.com/abstract=1754018

Janine Benedet (Contact Author)

University of British Columbia - Faculty of Law ( email )

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