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Journal of Law and Social Policy

Authors

Georges Campeau

Keywords

Constitutional law -- Canada

Document Type

Article

English Abstract

This article reviews the McKinney decision of the Supreme Court of Canada, focusing on the interpretation of section 1 of the Canadian Charter of Rights and Freedoms. The author reviews the change in the test for the application of section 1, from the Oakes to the McKinney judgements, suggests how this change has a negative impact on disadvantaged groups, and suggests ways that advocates for disadvantaged groups might avoid or lessen that negative impact.

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