CAST 1101H Lecture Notes - Lecture 3: Purposive Approach, Delwin Vriend, Old Age Security

• School: Trent University
• Department: Canadian Studies
• Course: CAST 1101H
• Professor: T.Mc Coy

Document Summary

Before the charter government was more powerful then justice, now that has switched. Charter became powerful, more power then was expected. Play a different role in the law then the bill of rights. Courts saw the charter as the constitution of canada. Section 52: courts must strike down legislation that is inconsistent with the charter. Supreme court adopts a purposive approach, rights and freedoms must be consistent with the spirit of the charter. Provisions guaranteeing rights and freedoms were to be interpreted broadly, cannot interpret the charter narrowly. The courts were to consider the value behind the charter, not the exact wording of it. This provides people with generous protection under the charter. A law could be struck down if it unintentionally violated a persons freedoms and rights. Section 33: allows government to violate the charter on a temporary basis. Override can last for 5 years, but may also be renewed.