Law 2101 Lecture Notes - Youth Smoking, Rationality, Section 33 Of The Canadian Charter Of Rights And Freedoms
13 Mar 2014
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Guarantees rights; by the state, government; they have to respect your rights. Allows rights to be limited by state action. Establishes standard of justification for limits on rights; cant be too broad or too loose. Free from cruel and unusual punishment: cant be reasonable under section 1; cant say terrorists can be tortured until they confess. Demonstrably justified in a free and democratic society. Limits on rights must be established for a proper purpose; state must have a. Must be rationally connected to achieving that purpose. Must be minimally impairing of the right. Loss to the right must be proportionate to the gain resulting from the law that limits the right; Legislation must have an important purpose in order to be able to limit a right. Purpose must be pressing and substantial ; important reason. Court usually accepts importance of purpose it identifies. Ex: law banning smoking advertisement; purpose: to prevent youth smoking, prevent cancer, prevent temptation.
