LAWS 1000 Lecture Notes - Lecture 8: Reverse Onus, Rebuttable Presumption, Charlottetown Accord
Document Summary
E(cid:374)t(cid:396)e(cid:374)(cid:272)hed: (cid:272)a(cid:374)(cid:859)t (cid:271)e (cid:272)ha(cid:374)ged (cid:271)(cid:455) a si(cid:373)ple a(cid:272)t of pa(cid:396)lia(cid:373)e(cid:374)t. must go th(cid:396)ough amendment formula. Increases litigiousness of canadians: jurisdictions are less political and more trustworthy. Not entrenched: was never part of the constitution, and therefore its easy for the government to work around the bill. Only applies to federal legislation and regulations, not provincial. People saw the bill of rights as a step forward, but realistically it was very limited. After the bill of rights, we see the first bits of parliamentary supremacy vs. judicial activism. People said the bill gave too much power to judges (cid:862)patchy(cid:863) [like bens beard hahahahahahhahahahah im a bitch] R v. drybones (1970): indian act (s. 94) prevented indians from being intoxicated off a reserve. Drybones was arrested and challenged the right, saying that it was taking away his rights. Equality problem, because regular ol white folk can be hammered wherever they want.
