Social and Economic Rights in Canada: What are They and Who Can Best Protect Them?

Authors

A. Wayne MacKay, Dalhousie University - Schulich School of LawFollow

Document Type

Article

Publication Date

2009

Keywords

human rights, social rights, economic rights, legislation

Abstract

This article examines the development and current status of positive social and economic rights in Canada. Exploring the comparative competence of legislatures, courts and human rights tribunals, Wayne MacKay suggests that courts should depart, with caution, from their traditional deferential role to legislators. Due to their flexibility and accessibility, HR Tribunals should supplement the role of the courts and legislatures in giving effect to social and economic rights, which should form part of a holistic package of human rights in Canada.

Comments

Also available in B Adell & Joseph Magnet, eds, Canadian Rights and Freedoms: 25 Years under the Charter (Toronto: Butterworths, 2009).

Recommended Citation

Wayne MacKay, "Social and Economic Rights in Canada: What are They and Who Can Best Protect Them?" (2009) 45 SC Law Rev, 385.