La pluralisation culturelle de la Charte canadienne à l’aune de la marge d’appréciation

2015
Volume 46, No 1
Ludovic Langlois-Thérien

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Abstract

In the autumn of 2013, the Government of Quebec presented a secular charter providing for many measures that would impinge upon the freedom of religion set out in the Canadian Charter. Taking part in public debate, constitutionalist Daniel Turp suggested that Quebec, as a “nation” recognized by the Canadian parliament, could make use of a margin of appreciation by calling upon the European human rights regime. While seemingly unlikely, this suggestion nevertheless allows for an evaluation of the issue of federalism underlying the interpretation of the Canadian Charter by a central institution in light of international human rights law. This article examines the theory of the margin of appreciation in the context of an action brought before the Supreme Court of Canada pursuant to the Canadian Charter.

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