POL214Y5 Lecture 19: The Charter of Rights and Freedoms cont’d

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14 Feb 2017
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Pol214 lecture 19 the charter of rights and. Section 33 of the charter is the over-ride or notwithstanding clause allows governments to over-ride some of your charter rights, but only under certain conditions. The ultimate check on governments considering whether to use section. Section 33 is on way that the constitution balances parliamentary vs. constitutional supremacy. Section 1 of the charter: another check on your civil liberties. This section says it is normal for a government to restrict your rights and freedoms, if this can be justified as a reasonable limit to help a public policy goal. In these cases, the court is put in the position of having to decide if the government has acted in a reasonable and justifiable way. On the other hand section 1 gives governments a tool for arguing in court that their laws should be allowed to stand, because they are in the public interest.

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