Open AccessInterpreting the Canadian Charter of Rights and Freedoms: Applying International and European Jurisprudence on the Law and Practice of Fundamental Rights
Author(s) -
Errol P. Mendes
Publication year - 1982
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1797
Subject(s) - fundamental rights , law , charter , international human rights law , linguistic rights , political science , human rights , jurisprudence , international covenant on civil and political rights , right to property , ex post facto law , reservation of rights
Since the arrival of the Canadian Charter of Rights and Freedoms, there has been much discussion of applying the United States' experience with its Bill of Rights to the inter pretation of the Canadian Charter. It is the author's thesis, however, that Canadians ought to study the European and United Nations jurisprudence in the area of human rights documents as these documents more closely resemble the Canadian Charter than does the American Bill of Rights. Some illustrative fundamental rights cases from the United Nations and Europe are discussed. Further, the appendices include the full texts of the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Canadian Charter of Rights and Freedoms for comparative purposes.