Limiting rights, Canadian style : the Supreme Court of Canada, American jurisprudence and section 1 of the Charter /

The addition of the Charter of Rights and Freedoms represented a fundamental shift in Canadian governance. Many saw the tabling of such a document as a further, even fmal, step towards the Americanization of the Canadian polity. While the Charter's presence has significantly altered the relationship between citizens, government and the courts, it has done so by maintaining the traditional values and experiences that has been the hallmarks of Canadian constitutionalism. This is in contrast to the fears harboured by critics suggesting that the Charter was a further Americanization of the Canadian Polity, notwithstanding the very different natures of the American Bill of Rights and the Canadian Charter. Analyzing American Supreme Court precedent use by the Canadian Supreme Court has demonstrated that such an Americanization has not, in fact, occurred. In the present analysis of American precedent use in section 1 limitation of rights cases, the citation of these precedents are at best episodic, at least on the quantitative level. Qualitatively, the Canadian Supreme Court generally uses American jurisprudence to further support broad definitions of 'great rights' . As for the more intricate details of rights limitations and the process involved in detennining how Charter rights are limited, one would be hard pressed to find even cursory references to American case law.

Proceedings of a court of inquiry, convened on board the United States frigate the President, in the harbour of New York, on the thirteenth day of August, 1811, pursuant to the following warrant : To Stephen Decatur, esquire, a captain in the Navy of the United States. --

Caption title.

Proceedings of the Court of Inquiry 1811

Full Title:Proceedings of a court of inquiry, convened on board the United States frigate the President, in the harbour of New York, on the thirteenth day of August, 1811, pursuant to the following warrant : To Stephen Decatur, esquire, a captain in the Navy of the United States.

A review of the case of Alexander McLeod: recently determined in the Supreme Court of Judicature of the state of New York (1841)

Alexander McLeod, a British subject, was tried for the murder of Amos Durfee and as an accomplice in the burning of the steamer Caroline, in the Niagara River, during the Canadian rebellion in 1837-1838.

Case of Colonel Booker. The Court of Inquiry

A four sided pamphlet written by Alexander Somerville, and printed by Lawson & Co., Hamilton, Ont. The list of contents for the article reads: "Evidence Suppressed, Newspapers Silenced, Statement of Captain McGrath, General Manager of the Welland Railway, as to Colonel Booker's apparent mental aberration, on June 3rd, at 4 A.M. Squire Larne's statement. Other evidence."