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The Oxford Handbook of the Canadian Constitution edited by Oliver, Peter; Macklem, Patrick; Des Rosiers, Nathalie (19th October 2017)

Part V Rights and Freedoms, A Litigating and Interpreting the Charter, Ch.29 Interpreting the Charter

Joanna Harrington

From: The Oxford Handbook of the Canadian Constitution

Edited By: Peter Oliver, Patrick Macklem, Nathalie Des Rosiers

This chapter examines the judicial approach to the interpretation of the Canadian Charter of Rights and Freedoms. Attention is paid to the general interpretive techniques developed by the courts to determine both the content of Charter rights and their limitations, while also considering the judicial use of internal and external interpretive aids, including both foreign and international law, such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights. It is also argued that the national context plays an important role, with the interpretive role of the court ultimately to be guided by a sense of balance in protecting rights and recognizing their limitations.

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