Law 2101 Lecture Notes - Lecture 5: Canada House
14 Oct 2015
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What is the charter: a statement of individual rights and freedoms, part of the canadian constitution (constitution act 1982, what does constitutional status mean, constitution is supreme (cid:224) superiority over every other form of lawmaking, legally enforceable. What does it mean to have a charter right: rights create protected zones for people to act, free of excessive state interference, leave me alone , e. g. , don"t search my house without a warrant, where there is a right there is a correlative duty on state to respect the right, e. g. , free speech (cid:224) only makes sense if someone has a duty not to interfere with my free speech, can"t have a right unless someone has a duty, some rights may require the state to take action to secure the benefit of the right, governments, lawmakers, take action to help you, e. g. , right to legal aid (cid:224) provided with a lawyer if you cannot afford one.
