Describing and elaborating on the principles of fundamental justice.
Explore the crucial area of Canadian constitutional law in this course, "Principles of Fundamental Justice." We delve into Section 7 of the Canadian Charter of Rights and Freedoms, which protects life, liberty, and security of the person, and the fundamental principles that limit state action when these interests are engaged.
This course traces the historical development of these principles, from early interpretations focusing on procedural fairness under the Bill of Rights to the Supreme Court of Canada's landmark shift to include substantive legal norms, notably in *Re BC Motor Vehicle Act*. You will learn the court's evolving methodology for identifying a principle of fundamental justice, including the modern three-part test, and examine how these principles are rooted in values such as human dignity and the rule of law.
Key topics covered include:
By the end of this course, you will have a deep understanding of what the principles of fundamental justice are, how they are determined and applied by the courts, and their profound significance in safeguarding fundamental rights and shaping the relationship between the individual and the state in Canada.
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Books on law do not need to be difficult, dull, and costly. At Irwin Law Inc., our aim is to produce books of exceptional quality at affordable prices. We are determined to produce books that are modern, lively, and interesting, as well as clearly organized and attractively designed, at prices substantially lower than our competitors. Indeed, our books are accessible to students and legal practitioners alike, while maintaining the highest standards of excellence. As Canada's youngest law publisher, Irwin Law brings an innovative approach and fresh ideas to legal publishing. The company was established in 1996 - very recently in an industry whose roots go back to 1855. At its inception, Irwin Law Inc. was affiliated with the Stoddart Publishing Group. In 1999, Irwin Law was purchased by Quicklaw, Canada's leading online legal research service. The purchase was a natural, as Irwin Law had been among the first publishers to make its books available on the online database. However, when Quicklaw was purchased by LexisNexis Group in July 2002, Irwin Law needed to find new owners. The company was purchased by a small group led by Irwin Law's founding publisher, Jeffrey Miller. From its beginning, Irwin Law has strived to publish books that do more than outline the current state of the law. They analyze the complex issues of the day in a succinct and readable style and in a manner that is probing and thoughtful. Our books are accurate, comprehensive, and up-to-date. Indeed, all manuscript submissions are subject to peer review and our authors are among the leading law practitioners and professors in Canada and the world. Irwin Law brings to the marketplace books that whet the reader's curiosity, challenge established tradition, and create intellectual excitement.
Hamish Stewart is a professor of law at the University of Toronto, where he has taught criminal law, the law of evidence, and legal theory since 1993. Before attending law school, he studied economics, receiving his BA from the University of Toronto in 1983 and his PhD from Harvard University in 1989. He received his LLB from the University of Toronto in 1992, clerked at the Ontario Court of Appeal in 1992–93, and was called to the Ontario Bar in 1998. He is the author of the loose-leaf service Sexual Offences in Canadian Law (2004) and of the Evidence title of Halsbury’s Laws of Canada (2010; reissues, 2014 and 2018). He is the general editor of Evidence: A Canadian Casebook, 4th ed (2016) and the associate editor of the Canadian Criminal Cases. He has published more than eighty scholarly papers in criminal law, evidence, legal theory, and economics.
