CRIM 332 Lecture Notes - Lecture 4: Fundamental Justice, Rectal Examination, Affirmative Action
7 Sep 2016
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Week 4 ca(cid:374)adia(cid:374) charter of rights a(cid:374)d freedo(cid:373)s. We will discuss the importance of the charter and how its entrenchment changed the legal landscape in canada. We will discuss key legal decisions about how to interpret the rights protected in the charter and how to balance competing rights. Some have described the charter as a double-edged sword". It has been argued the charter grants too much power to the judiciary. The people"s charter - consulted with many groups/people during development of charter: eg feminist group argued what equality means, made sure charter guaranteed this equality. Constitutional document, entrenched, cannot be easily changed all other statue must be consistent with this. Changed legal landscape changed relationship between court & judges & legislators (those who make laws: changed arguments made in court. But also how rights can be limited, how government can violate them, but. Infringement needs to be reasonable limit: this is necessary because rights are not absolute.
