Political Science 2230E Lecture 4: Lecture 4 - The Charter

• School: Western University
• Department: Political Science
• Course: Political Science 2230E
• Professor: Caroline Dick

Document Summary

In section 32: 32 (1) the charter applies to the parliament and government of canada and the legislature and government of each province. Does not apply in the home, in the workplace, between your neighbours, only the government owes constitutional duties, can only use charter rights against the government, everywhere else are private actors. Judicial review, to make sure those legislations and those acts don"t violate our rights, and if they do violate our rights, they can be strike down from effect. To get provinces to agree to patriation because provinces were concerned about the structure of the charter itself, the power was going to move away from the provinces and towards the federal government. Our federal parliament can have legislation operate even if the legislation violates the charter, because section 33 says that even if it violates and has no reasonable limits, by invoking section 33. This protects the autonomy of the provinces, legislations don"t always have to comply.