Supreme Court Poised to Expand Canadians' Charter Rights, Reshaping Government Obligations
The article discusses whether the Supreme Court of Canada should recognize positive rights under the Charter of Rights and Freedoms. It suggests that while there are currently no positive Charter rights, there could be in the future. The researchers propose using the law of precedent as a tool to determine when recognition of positive rights would be justified. They found that there is a difference between when the Court could recognize positive rights based on its own norms and when it would be justified to do so overall. The study highlights the challenges and potential consequences of recognizing positive rights, and how the judiciary can navigate these issues.