LAW 529 Lecture Notes - Lecture 5: Ontario Public Service Employees Union, Ageism, In Private
17 Dec 2019
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Chapter 20: the canadian charter of rights & freedoms & regulatory standards. Introduction: april 17, 1982 the charter came into force, part of the constitution act 1982, must establish pressing and substantial reason for impeding on the rights/freedoms, every govt. action (statute/regulation enacted), must be consistent with charter. Lavigne v. ontario public service employees union-> scc said that the charter applied directly to collective agreement between union and community college. Understanding the charter challenge: charter must be considered whenever proposing and drafting new laws. Charter challenge: legal proceeding that alleges that government action contravenes charter: can be challenged by anyone who believes the law violates their rights/freedoms, 2 step process that analyzes such challenges. Plaintiff will need to prove this: has an govt. action violated a charter protected right or freedom. Action was taken to address a serious public concern: part 2: proportionality test.
