Law 2101 Lecture Notes - Lecture 9: Section 33 Of The Canadian Charter Of Rights And Freedoms, Supremacy Clause, Equal Protection Clause
25 Oct 2016
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Law 2101: the charter of rights and freedoms co(cid:374)t"d. Lecture 9 and 10 oct 11th and 13th, 2016. 1867 the british north act which established the constitution: unwritten rule respect for civil liberties. In 1960 we have the canadian bill of rights: there should be rights for individuals. In 1982 constitution act of 1982 which put into the effect of the charter. If legislation violate things in the charter, it violates section 52 and has no effect. The charter: s. 1 reasonable limits (oakes test) justify those infringements, s. 2 fundamental freedoms, ss. 3-5 democratic rights, s. 6 mobility rights, ss. 7-14 legal rights. Section 7 has evolved to go beyond criminal issues (ex. ) How do we ensure that we are treated equally: s. 24 enforcement, s. 32 applies only to the government, s. 33 notwithstanding clause. What counts as expression as worthy of protection: relationship between rights. Application of the rights also limits what they do.
