Political Science 2230E Lecture Notes - Lecture 3: Henry Morgentaler, Fishing Net, Grant Devine

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

Document Summary

S(32) charter applies to the parliament and government of canada and the legislature and government of each province. Oakes test framework courts apply when trying to determine whether a rights violation is reasonable, used every single time in all canadian courts. Up to government to establish legislation is a reasonable limit when a court determines a charter right is infringed, the government which passed the legislation is called before a court to argue it is reasonable. Legislative objective policy goal of legislation in question must be explained to court to ensure the aim is important. If passes all sections of oakes test s(1) is a reasonable limit and legislation will not be struck down, struck down if failing any section. Rjr-macdonald (1995) (scc) complete ban of advertising of all tobacco products, rjr argued that it violated freedom of expression. Legislative objective to deter young people from starting to smoke, court decided it was a pressing and substantive objective.