The Legitimacy of Judicial Review

In this first part of the seminar, we will deal with introductory and administrative matters.  You should review the document here.  It sets out important policies and some other information about the course.

In the second part of the seminar, we will continue with a discussion regarding the legitimacy of judicial review.  The instructor will present a 15 minute position in favour of the following proposition:

"The Courts have overstepped their proper limits when deciding Charter cases"
Discussion will then ensue.

The presentation may refer to a number of cases (many of which will be covered in later seminars), but in particular: 

Vriend v. Alberta, [1998] 1 S.C.R. 493.

Reference re Secession of Quebec, [1998] 2 S.C.R. 217.

Doucet-Boudreau v. Nova Scotia (Minister of Education), [2003] 3 S.C.R. 3.

Canada (Prime Minister) v. Khadr, 2009 FCA 246.

About the class Charter
Classes and reading lists Constitution Act, 1867
Mooters' page Constitution Act, 1982
Paper writers' page Canadian Bill of Rights
Email the class Faculty of Law page
Email D. Stratas Links
About the instructor