Document Type

Article

Publication Date

5-3-2016

Publisher

Department of Justice Canada, Research and Statistics Division

City

Ottawa, ON

Abstract

“The enactment of the Charter of Rights and Freedoms in 1982 fundamentally altered both the substance and form of constitutional review. In the first decade of Charter litigation, many novel claims were advanced and resolved, yet there still remained a great deal of confusion with respect to the scope of the substantive principles and the procedural mechanisms for raising and applying them. After 35 years, most of the relevant constitutional principles have been solidified and clarified, as have the guidelines on the procedures for mounting a constitutional challenge. However, despite the great achievements of the past three and a half decades, there remains a legitimate concern that most Canadians do not have the financial resources to mount such challenges. Many believe that there still remain serious problems regarding access to justice for ordinary Canadians.

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