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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 focussed on a few civil
liberties topics, which may be of interest to the student of
Canadian constitutional law:
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