PHI 2183 Lecture Notes - Lecture 15: Parliamentary System, Canadian Federalism, Section 33 Of The Canadian Charter Of Rights And Freedoms
5 Apr 2016
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Samuel laselva: the moral foundations of canadian federalism. Canada: founding: 1867 british north america act, by british parliament, renamed the constitution act of 1867, unites british colonies. Province of canada (in effect, quebec and ontario) New brunswick, and nova scotia: divided up by religion and language. Middle ground between unitary state and loose association of regions. But unlike them because of the added identity-based feature of federalism. Also, the british parliamentary system rather than presidential. 1982 partition of the constitution: canadian charter of rights and freedoms, from legislative supremacy to legislation + judicial review. Special features of the canadaian charter (constitution) The general limitation: rights/freedoms are not absolute: The canadian charter of rights and freedoms guarentees the rights of freedoms set out in subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
