How has the Charter of Rights and Freedoms been interpreted?

Nova Scotia, Canada


The following excerpt is from Lavoie v. Nova Scotia (Attorney-General), 1989 CanLII 5221 (NS CA):

The Canadian Charter of Rights and Freedoms, like other constitutional documents, has been afforded a special status. The classic statement of the interpretive approach to be taken to constitutional documents was stated in Edwards v. A.-G. Can., 1929 CanLII 438 (UK JCPC), [1930] 1 D.L.R. 98, [1929] 3 W.W.R. 479, [1930] A.C. 124 (P.C.), where Lord Sankey wrote [at pp. 106-7]: The B.N.A. Act planted in Canada a living tree capable of growth and expansion within its natural limits. The object of the Act was to grant a constitution to Canada. • • • • • Their Lordships do not conceive it to be the duty of this Board ... to cut down the provisions of the Act by a narrow and technical construction, but rather to give it a large and liberal interpretation.

Other Questions


Is there any case law in which a police force has been found to have violated a suspect's Charter of Charter Freedoms? (Nova Scotia, Canada)
How has the s.7 "right to psychological integrity" been interpreted in the context of medical care? (Nova Scotia, Canada)
What is the difference between the Charter and the Bill of Rights? (Nova Scotia, Canada)
What are the costs of a human rights case brought by an applicant who alleges that the Human Rights Commission treated him unfairly? (Nova Scotia, Canada)
What is the current interpretation of s. 15(1) of the Canadian Human Rights Code? (Nova Scotia, Canada)
What is the test for unreasonable delay in applying for Charter of Human Rights? (Nova Scotia, Canada)
What is the test for interpreting section 3 of the National Statutory Interpretation Guidelines? (Nova Scotia, Canada)
Is there a violation of the accused’s Charter right to be detained by the police? (Nova Scotia, Canada)
How have courts interpreted the interpretation of taxation statutes? (Nova Scotia, Canada)
What is the test for excluding or excluding evidence in a criminal case as a result of a charter breach? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.