Document Type

Book Chapter

Publication Date


Source Publication

The Charter at Twenty: Law and Practice, 2002. Toronto, ON: Ontario Bar Association, 2002.


charter; equation; Jurisprudence; limits; rights; supreme court


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.

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