How are lawyers, policymakers, judges and indeed the general public to interpret the words of Canada's Charter of Rights and Freedoms, a document which, like all bills of rights, contains abstract statements of guarantee that do not translate easily when applied to tangible facts and specific policies?
This is the question at the heart of Professor Joanna Harrington's September 14, 2017 talk on "Interpreting the Charter of Rights" - the latest in the Downtown Charter Series organized by the Centre for Constitutional Studies at the University of Alberta's Enterprise Square.
In this session, Prof. Harrington will explain the interpretive techniques that judges use to determine what the Charter's guarantees mean in practical terms, while also tackling the question of how much use should be made of international and foreign law when interpreting such a fundamental statement of Canada's national values.
As Harrington explains, "The interpretation of language is what all lawyers do; it is the bread-and-butter of legal practice. But there is something special about interpreting a constitutional instrument, particularly the Charter. Its history, and contribution to Canada's political development, suggests that considerations of purpose and generosity, as well as context, are enduring interpretive tools for giving meaning to the words of the text."
A noted expert in both constitutional law and international law, Harrington has written extensively about the Charter, particularly as it applies in matters of cross-border crime. Her essay "Interpreting the Charter", which examines how courts make use of a variety of internal and external aids to give meaning to constitutional guarantees of rights and freedoms, was published earlier this year in The Oxford Handbook of the Canadian Constitution.
The Downtown Charter Series was inaugurated in March 2016 with the aim of unpacking the Charter of Rights and Freedoms for the general public. The CCS series hosted seven speakers during the 2016-2017 academic year, featuring talks on equality rights, environmental protection, freedom of expression and religion, the right to counsel and other topics.
Upcoming talks include "Charter Remedies" on October 18, featuring Professor Barbara Billingsley and the difference between human rights and Charter rights on November 22, with CCS Executive Director Patricia Paradis. In Winter 2018 the series will also cover Indigenous issues and how they may fit into the Charter.
"Interpreting the Charter" will take place September 14, 2017 from 12:00 to 1:00 pm at Enterprise Square, Room 2-520