A Work in Progress: The Supreme Court and the Charter's Equation of Rights and Limits
The Charter at Twenty, Law and Practice, 2002
12 Pages Posted: 6 Mar 2012 Last revised: 29 Oct 2013
Date Written: March 6, 2012
The text of the Charter separates the rights conferred from reasonable limits which may justifiably be placed on their enjoyment. Though the concepts of breach and justification serve different functions, the Supreme Court of Canada has not been faithful to the Charter's structural logic. "A Work in Progress" examines the relationship between the rights and their limits in the jurisprudence. It shows that the boundary between breach and justification has been blurred, and that the Court's methodology is complex and unworkable. The final section suggests a methodology which will enable these concepts to serve their respective functions without upsetting the balance in the Charter's equation of rights and limits.
Keywords: Charter, equation, rights, limits, Supreme Court, jurisprudence
JEL Classification: K00, K40, K21
Suggested Citation: Suggested Citation