Dalhousie Law Journal


judges, Charter of Rights and Freedoms, discrimination, judicial decisions, individual rights


Reasoning with the Charter by Leon Trakman is a timely and useful book. It is "timely" because in this the tenth anniversary of the Charter it is appropriate to review its impact, which Prof. Trakman finds wanting and unduly circumscribing. It is also useful, although "useful" is not a term usually associated with a theoreticalbook such as this. Certainly this is not a "how-to" book about Charter application. It does, however, outline a different approach to Charter interpretation and it may be that the neglect by our judges of this approach is a mistake. Perhaps not; but there are at present uncommon pressures some judges can feel, societal expectations that are felt rather than articulated, and this leaves a nagging feeling of inadequacy on thepart of judges sensitive to these unfulfilled expectations.

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