Social and Economic Rights in Canada: What are They and Who Can Best Protect Them?
B. Adell and J. Magnet (eds.), Canadian Rights and Freedoms: 25 Years under the Charter (Toronto: Butterworths, 2009)
Supreme Court Law Review, Vol. 45, pp. 385-428, 2009
11 Pages Posted: 3 Aug 2012
Date Written: 2009
This article examines the development and current status of positive social and economic rights in Canada. Exploring the comparative competence of legislatures, courts and human rights tribunals, Wayne MacKay suggests that courts should depart, with caution, from their traditional deferential role to legislators. Due to their flexibility and accessibility, HR Tribunals should supplement the role of the courts and legislatures in giving effect to social and economic rights, which should form part of a holistic package of human rights in Canada.
Keywords: human rights, social rights, economic rights, legislation
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