PHIL 338 Lecture Notes - Lecture 11: Flag Of Canada, Title 47 Cfr Part 15, Grenade
Document Summary
The charter (1982: part 2 guarantees freedom of speech and opinion, religion, assembly, etc, parts 3, 4, and 5 guarantee political rights, such as the right to vote or to hold office, part 15 specifies equality rights. All individuals are equally under the law"s protection. This does not preclude laws that remedy special disadvantages, such as those based on race or sex: part 1: the rights and liberties laid out in the charter have limits. They must be consistent with a free and democratic society. This suggests that if a rights claim (say, to freedom of expression) would have the consequence of disrupting democratic values, such as equality or political participation, it may be denied by law. Feinberg"s a ride on the bus story: a passenger who obviously hasn"t bathed in more than a month sits down next to you. There is hardly room to stand elsewhere on the bus and all other seats are occupied.
