The Motor Vehicle Reference and the Relevance of American Doctrine in Charter Adjudication

Document Type

Book Chapter

Publication Date


Source Publication

Constitutional Litigation. Toronto, ON: Butterworths, 1987.


American jurisprudence; Canadian constitution; Constitutional interpretation; Re B.C. Motor Vehicle Act. S. 2; S. 15. S. 7


It is inevitable that Canadian courts will rely on American jurisprudence in adjudicating cases under the Charter. The court's failure to probe the American experience in Re B.C. Motor Vehicle Act before pronouncing on the scope of section 7 is the focus of this article.

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