the Court and Charter: Leading Cases, Third Edition

The Court and the Constitution is an up-to-date collection of leading high court decisions on all aspects of the Canadian Constitution, including federalism, the Charter, Indigenous rights, and constitutional change. The 1982 Charter of Rights and Freedoms is the most prominent pillar of the Canadian Constitution, with the Supreme Court of Canada as its foremost interpreter. This collection presents 39 carefully edited Supreme Court decisions, offering a foundational understanding of the Court's interpretations of the Charter's provisions and principles, and also includes some relevant pre-Charter decisions. Comprehensive analyses of each case, along with the book's general introduction, help readers grasp the complexities of Canadian constitutional law. By focusing on the opinions and disagreements among Canada's senior jurists, the book reveals the political and legal contexts that shape Supreme Court interpretations and the Charter's evolving role within the Constitution. Seminal decisions illustrate how the Court has structured its approach to key Charter provisions, including legal rights, fundamental freedoms, language and equality rights, and the Charter's application to civil society and foreign entities. Guided by introductory essays and discussion questions, readers are introduced to major trends in Supreme Court jurisprudence. This volume demonstrates how history and institutions influence constitutional development, equipping readers with a clear understanding of the Charter, the courts, and the legal and political forces shaping Canada's liberal democratic regime.