LAW 201 Lecture Notes - Lecture 4: Aboriginal Title, Indian Act, Section 33 Of The Canadian Charter Of Rights And Freedoms
1 Feb 2017
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Document Summary
1982 charter of rights and freedoms incorporated into the constitution to: Protect fundamental rights and freedoms includes essential rights to free society and maintenance of dignity. Supreme court interpreted the notwithstanding clause to confine application of the charter to governments it is government that must be forced to respect rights governments use legislation to establish regulations for agents on rights . Needed when government is failing to respect basic rights and freedoms. Limits on charter rights must be prescribed by law give people notice and outline how it will be limited. Implementing has changed the ways in which governments and individuals interact courts play an important law in judicial review . When europeans asserted sovereignty, they recognised that aboriginal people had rights . Reflected in the process of treaty making however these rights became ignored and they were treated as subjects of law not entitled to rights. General legacy of oppression and disregard for aboriginal rights .
