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How Canada’s Charter of Rights and Freedoms helped create judicial philosophy

Decisions weighed freedoms and harms in the balance.

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The Canadian Pornography Decision and the Charter of Rights and Freedoms

Kathleen Mahoney, who argued both the Keegstra and the Butler cases before Canada’s Supreme Court, explains the impact of Canada’s Charter of Rights and Freedoms (added to the Constitution in 1982), and how these two cases – one on hate speech and one on pornography – helped to create a judicial philosophy that weighed freedoms and harms in the balance. She spoke to a University of Chicago Law School conference on Speech, Equality and Harm, in February 1993.  Courtesy: WINGS


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