POLI 2F12 Lecture Notes - Lecture 4: Indian Act, Patriation, First Language
13 Sep 2017
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Document Summary
The charter of rights and freedoms: substance and impact. Section 52 states the constitution is the supreme law, and any law that goes against these rights is null in void. Enhanced role of the judiciary: 24 gives courts the right to enforce these laws in charter. Power to strike down laws that are deemed to be unconstitutional. Similar to british system which is why we inherited this. Set of accumulated decisions that set presented for future cases. However, did not prevent from canadian government from violating these rights. Ethnic groups, or minorities, not having right to vote. Aboriginals were denied basic human rights for much of history (reserves) Japanese canadians and other ethnic groups during wwii had their property take and put into camps believing they were enemies of the state (no fair trial) Courts unwilling to rule that a government violated individual or group freedoms. No government (federal or provincial) would violate these freedoms.
