The Use of United States Decisions by the Supreme Court of Canada Under the Charter of Rights and Freedoms

Abstract

The adoption of the Canadian Charter of Rights and Freedoms has generated considerable interest among legal commentators who question the potential impact of United States civil rights jurisprudence on Charter adjudication. This article offers a preliminary analysis of the impact of US constitutional law generally, and civil rights jurisprudence in particular, on Charter adjudication in the Supreme Court of Canada between 1984 and 1988. Focussing on the Supreme Court's citations of US decisions, the study finds that the frequency of such citations has increased under the Charter. Moreover, the Court's use of these decisions has had a significant substantive impact in defining the nature of constitutional interpretation and the content of the Charter's legal rights.

Keywords

This publication has 11 references indexed in Scilit:

Human Rights and Social Technology
Published by Walter de Gruyter GmbH ,1989
Private Rights/Public Wrongs: The Liberal Lie of the Charter
University of Toronto Law Journal, 1988
The Political Impact of the Canadian Charter of Rights and Freedoms
Canadian Journal Of Political Science-Revue Canadienne De Science Politique, 1987
Human Dignity and the Psychology of Interrogation in Miranda v. Arizona.
Canadian Journal of Law and Society / Revue Canadienne Droit et Société, 1986
The Supreme Court of Canada
Published by University of Toronto Press Inc. (UTPress) ,1985
Civil Rights in Canada: An American Perspective
The American Journal of Comparative Law, 1984
The Supreme Court and Constitutional Democracy
Published by Cornell University Press ,1984
The New Canadian Charter of Rights and Freedoms as Compared and Contrasted with the American Bill of Rights
Human Rights Quarterly, 1983
A Theory of U.S. Constitutional History
The Journal of Politics, 1981
The Limits of the Criminal Sanction
Published by Walter de Gruyter GmbH ,1968