In 1990, Supreme Court Justice Bertha Wilson proclaimed that the
Canadian Charter of Rights 'is and must continue to be a vital
force in molding the lives of Canadians.' In this collection of
original essays commissioned by the Centre for Constitutional
Studies, University of Alberta, legal and political scholars
evaluate the impact of the Charter on life in Canada since 1982.
Other works have focused on the jurisprudence of the Charter --
its internal coherence or its implications for the role of courts.
Charting the Consequences considers 'externalities' -- the effect
of the Charter and its jurisprudence on non-constitutional aspects
of the law and on the dynamics of legislative power, provincial
politics, and social movements. Specific contexts are examined,
including certain provinces, economic rights, taxation, First
Nations, sexual orientation, social movements, private law, access
to justice, and political science. Patterns become manifest across
contexts. For one, the editors identify three strata of actors in
society -- ranging from the powerful to the least powerful -- who
are affected by the Charter in differing degrees. Secondly, they
expose how the actors' influences on Charter interpretation are
determined, in some measure, by the magnitude of their social and
political power.
Charting the Consequences offers a fresh perspective on the
Charter. It will generate new thinking and scholarship among
lawyers, political scientists, and public policy makers.
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