The Charter Of Wrongs

Joel Bakan argues that the Canadian Charter of Rights (1982) has failed to promote social justice because it is administered by a conservative judiciary and because social and economic conditions constantly interfere with its principles.

Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.

"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University

From the 1950s to 1980s, the Canadian government persecuted LGBTQ+ employees and tried to erase them from the military, the RCMP and the civil service under the guise that they were a “security risk,” an event that became known as the LGBT Purge. Those who were suspected of being homosexual were put under government surveillance, interrogated and intimidated. They were fired from their jobs. Many quit to avoid being exposed. Some committed suicide as a result. In the 1980s, victims of the Purge fought back with a class-action suit against the government that helped shed light on the systemic discrimination that members of the LGBTQ+ community faced from the government and the rest of society. In 2017, the federal government issued a formal apology on behalf of the government and Canadian society for the treatment of members of the LGBTQ+ community. In this highly visual book, author Ken Setterington presents the struggle for LGBTQ+ rights using photographs, first-person accounts and excerpts from archival documents. Significant events in the struggle include the establishment of Pride parades, the Bathhouse Raids, the decriminalization of homosexuality, the passing of the Canadian Charter of Rights and Freedoms, the LGBT Purge and the legalization of same-sex marriage. While the government’s formal acknowledgement of past injustices started Canada on a better path toward equality, there is still work to be done. This book would be a welcome addition to any classroom or library’s social justice collection and will appeal to adults interested in LGBTQ+ rights in Canada.

Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.

The Canadian Charter of Rights is composed of words that describe the foundations of a just society: equality, freedom, and democracy. These words of justice have inspired struggles for civil rights, self-determination, trade unionism, the right to vote, and social welfare. Why is it, then, that fifteen years after the entrenchment of the Charter, social injustice remains pervasive in Canada? Joel Bakan explains why the Charter has failed to promote social justice, and why it may even impede it. He argues that the Charter's fine-sounding words of justice are 'just words.' Freedom, equality and democracy are fundamental principles of social justice. The Canadian Charter of Rights and Freedoms entrenches them in Canada's highest law, the constitution. Yet the Charter has failed to promote social justice in Canada. In Just Words, Joel Bakan explains why. Sophisticated in its analyses but clearly written and accessible, Just Words is cutting-edge commentary by one of Canada's rising intellectuals.