The Supreme Court of Canada has faced a perennial problem, particularly since the advent of the Canadian Charter of Rights and Freedoms (“Charter”), in its efforts to protect the constitutional rights of individuals without unduly interfering in the domain of the legislative branch of government. A key question has been — to what extent should the courts use section 7 of the Charter to review or police Parliament’s decisions regarding laws that engage an individual’s liberty interests? Indeed, this is an issue brought to the fore in many of the Supreme Court of Canada’s recent decisions that have struck down criminal legislation. Is the Supreme Court being too interventionist in its approach, or is the Court rightly putting a check on repressive legislation?
Menchynski, Andrew and Presser, Jill R..
"A Withering Instrumentality: The Negative Implications of R. v. Safarzadeh-Markali and other Recent Section 7 Jurisprudence."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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