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The Supreme Court of Canada's recent decision in Canada
(Canadian Human Rights Commission v. Canada (AG) can be seen
as a book end to its two judgments last year on Charter remedies,
R. v. Conway and Vancouver (City) v. Ward.
Although Mowat is not a Charter case, these three
decisions are fundamentally similar in that they reveal the Supreme
Court's formalistic view of the rule of law. Despite the fact
that Conway and Ward extend the range of remedies
available in a Charter breach, ultimately, these three decisions
reveal a conception of the rule of law where order is preferred
over fairness. We respectfully argue that these judgments suggest
that, to the Supreme Court, respecting the role of the legislature
is more important than vindicating rights. Mowat makes
this especially clear. Published in Charter and Human Rights
Litigation (Volume XVIII, No. 2) by Federated Press.
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