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

See all articles by A. Wayne MacKay

A. Wayne MacKay

Dalhousie University - Schulich School of Law

Date Written: 2009

Abstract

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

Suggested Citation

MacKay, Wayne, Social and Economic Rights in Canada: What are They and Who Can Best Protect Them? (2009). 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, Available at SSRN: https://ssrn.com/abstract=2123479

Wayne MacKay (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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