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Putting a Price on Dignity: The Problem of Costs in Charter Litigation
Advocates’ Quarterly (2002)
  • Benjamin L Berger
Abstract
The Supreme Court of Canada has repeatedly made clear that the essential value underlying the Charter of Rights and Freedoms is that of human dignity. In Blencoe v. British Columbia (Human Rights Commission), the court stated that "[T]he Charter and the rights it guarantees are inextricably bound to concepts of human dignity. Indeed, notions of human dignity underlie almost every right guaranteed by the Charter."' Dickson C.J.C. linked this notion of dignity to the broader concepts underlying our liberal polity and L'Heureux-Dubé J. observed that the court "has repeatedly recognized that human dignity is at the heart of the Charter". Furthermore, as the court recognized in Law v. Canada (Minister of Employment and Immigration), s. 15 of the Charter promises a universal entitlement to this elemental value.
Disciplines
Publication Date
2002
Citation Information
Benjamin L Berger. "Putting a Price on Dignity: The Problem of Costs in Charter Litigation" Advocates’ Quarterly Vol. 26 Iss. 3 (2002) p. 235 - 251
Available at: http://works.bepress.com/benjamin_berger/96/