LY206 Lecture Notes - Lecture 2: Constitution Act, 1982, Supremacy Clause, Section 33 Of The Canadian Charter Of Rights And Freedoms
Document Summary
Patriating the constitution: patriate to bring home , constitutional patriation 1982, process required the british government to revoke the bna act of 1867, further required that canada enact its own written constitution. Limitations clause: constitution act, 1982, part 1, canadian charter of rights and freedoms, whereas canada is founded upon principles that recognize the supremacy of god and the rule of law, 1. If the court finds the accused was in possession of the narcotic he shall be given an opportunity [to establish] that he was not trafficking. Justification under section 1: the limitations" clause: The charter guarantees the rights and freedoms set out in it subject to only such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society: oakes test, 1. Pressing and substantial objective: what is the purpose of the law, 2.