Against Judicial Activism: The Decline of Freedom and Democracy in Canada

The Charter and expansive versions of the federal and provincial human rights codes were supposed to safeguard the human rights and fundamental freedoms of Canadians. Rory Leishman argues that this experiment in radical constitutional reform has failed because judicial activists and human rights adjudicators have read their ideological preferences into the law rather than upholding the law as originally understood.

Against Judicial Activism cites numerous cases to support this argument. For ...