No Rights are Absolute: Legacies of Three Chief Justices (original) (raw)

2019

Abstract

The data set includes 1083 Supreme Court of Canada(SCC) decisions issued between 1984-2018 that include any reference to the Canadian Charter of Rights and Freedoms [Charter] and/or the Constitution Act, s. 35. The researchers coded the variables, including any information provided on lower court/administrative tribunal decisions, from reviewing the SCC decisions. The primary aim of the data set is to record the names of the SCC justices who participated in the decision in the majority, concurring or dissenting opinion, and the proportionality analysis or justificatory analysis adopted in that case. The objective of the data set is to provide a pragmatic basis to analyse the shaping of the proportionality doctrine and justificatory analysis in SCC jurisprudence by the Dickson, Lamar and McLachlin courts.

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