University of Toronto Law Journal, Volume 57, Number 2, Spring
2007, pp. 449-477 (Article)Published by University of Toronto PressFrank Iacobucci played the lead role in introducing the
metaphor of judicial review as a form of dialogue between
courts and legislatures into Canadian constitutional law.
He discussed dialogue in reference to interpreting both
rights and limitations under the Canadian Charter of Rights
and Freedoms, but also in relation to devising remedies
under the Charter and using the s. 33 override. Justice
Iacobucci’s interest in dialogue was not, however, limited
to these many different aspects of Charter adjudication.
He recognized the importance of dialogue between courts
and legislatures with respect to the development of the
common law and in the interpretation of statutes.
