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Charter of Rights
Special Topics
Prior to
the passage of the Constitution Act, 1982, the Canadian constitution served
primarily as a check on governmental power to the extent that the
governmental actor acted outside of its constitutionally-allocated
authority. In a sense, the passage of the Charter was largely an extension
of that same concept: citizens can keep governmental power in check to the
extent that it infringes on their basic civil liberties. As was the case in
the United States
and other countries in the world, the adoption of the Canadian Charter of
Rights and Freedoms forced the judiciary to adopt a more activist role viz
other state actors. In so doing, Canadian courts have focused on a few
civil liberties topics, which may be of interest to the student of Canadian
constitutional law:
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