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.

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.

Driedger's 'Modern Principle' at the Supreme Court of Canada: Interpretation, Justification, Legitimization

Un résumé en français est également disponible

The Supreme Court of Canada Ruling in Carter v. Canada: A New Era of End-of-Life Care for Canadians

La tribune de l'éditeur / Editor's Soapbox

In the Supreme Court of the United States, October term, 1980, Héctor García, petitioner v. Alton V.M. Gloor ... [et al.], respondents : on writ of certiorari to the United States Court of Appeals for the Fifth Circuit : petition for writ of certiorari /

At head of title: no.

Revised rules of the Supreme court of the United States : Adopted February 13, 1939. Effective February 27, 1939. (The Acts of February 13, 1925, c. 229, 43 Stat. 936, January 31, 1928, c. 14, 45 Stat. 54, April 26, 1928, c. 440, 45 Stat. 466, and August 24, 1937, c. 754, 50 Stat. 751, are printed in an appendix.).

Cover-title.

Revised rules of the Supreme court of the United States : Adopted June 5, 1928. Effective July 1, 1928. Amended June 1, 1931, and May 31, 1932. (The Acts of February 13, 1925, c.229, 43 Stat. 936, January 31, 1928, c. 14, 45 Stat. 54, and April 26, 1928, c. 440, 45 Stat. 466, are printed in an appendix.).

Act of February 13, 1925: An act to amend the Judicial code, and to further define the jurisdiction of the Circuit courts of appeals and of the Supreme court, and for other purposes; Act of January 31, 1928: An act in reference to writs of error; Act of April 26, 1928: An act to amend section 2 of an act entitled "An act in reference to writs of error" (12 pages at end) Eighty pages: "Amendments effective Sept. 1, 1932" inserted. (c.1).

The Tasmanian law reports : cases determined in the Supreme Court of Tasmania.

Earlier reports in: Reports of cases determined in the Supreme Court of Tasmania / Herbert Nicholls and W. J. T. Stops.

Reports of cases argued and determined in the Supreme Court of Appeals of West Virginia.

Mode of access: Internet.

Reports of cases determined in the Supreme Court of the Territory of New Mexico.

Reporters: v. 1-10, C. H. Gildersleeve; v. 11-13, A. J. Abbott; v. 14-16, P. A. F. Walter.

Reports of cases decided by the Supreme Court of Mississippi.

Publisher and place of publication vary.

Reports of cases determined in the Supreme Court of Judicature of the State of New Jersey.

Publisher and place of publication vary.

Reports of cases in the Supreme Court of Appeals of Virginia.

Some vols. also contain reports of cases in the General Court of Virginia.