POLSCI 3FR3 Study Guide - Spring 2018, Comprehensive Midterm Notes - Canada, Quebec, Common Law
12 Oct 2018
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POLSCI 3FR3
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Wednesday, January 10, 2018
3RF3 Charter of Rights & Freedoms
Scope & Application!
-Legislatures (continued)!
•Delegation of Statutory Power (governments can not avoid being responsible to
the charter by delegating authority to smaller organizations)!
-Slaight v. Davidson!
-Mr. Davidson and former employer, davidson grieves over the labour code!
-got a third party to mitigate!
-The arbitrator found in mr. davidson’s favour, required slaight to provide him
with reference letter, with contents dictated!
-Slaight couldn’t add anything else to it, if you get a phone call for reference,
you can only say these were his sales targets and this was his performance.!
-They sought judicial review all the way to supreme court !
•Wether the requirement is a violation of Slaight’s freedom of expression
(government is forcing them to say x)!
•Does the charter apply to the arbitrator?!
•YES. The arbitrator was provided authority under the Canadian labour
code to make decisions!
-If Davidson had sued wrongful dismissal, then charter wouldn’t apply,
but instead claimed against the Canada labour code!
•BUT they found the violation to be justifiable under sec. 1!
-The Executive and Government!
•The Executive!
-Operation Dismantle v. the Queen!
•Canadian gov. allowed us to test missiles, OD challenged gov ability to do
this, this would heighten the possibility of nuclear war (once soviets find out)
and in addition to gen possibility to nuclear war, the Mulroney gov was
highlighting Canada as a target!
#1
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Wednesday, January 10, 2018
•The treaty entered into by Mulroney and us. was violation of charter, seeking
injunction !
•Mulroney gov: exercise of authority once monarchs, now pm’s, foreign affairs!
-Political questions, which don’t fall within the expertise of judges/court!
-Courts said no, the charter applies to EVERYTHING that the government does!
-The loss (the potential of nuclear war) was too speculative, courts about positive
evidence, have to prove that nuclear war was going to happen, so there was
found to be no violation of sec. 7, no need to justify the law!
-POINT: everything the executive does is under the scope of the charter !
-Lavigne v. OPSEU!
•L had issue with providing union funds to union in order to be employed by
government (if you want to be employed by gov, you had to be part of union)!
-union was political and L didn’t agree, made public announcements about
Israel, pro-Palestine, violation of freedom of expression !
•Gov. argument: yes charter binds us in terms of government things, but our
ability to enter into a collective relationship with employees, but that authority
is granted by the common law, not part of charter!
•WRONG court disagreed, everything that governments do is bound by charter
of rights and freedoms!
-Justifiable under sec. 1!
•Government by Nature (duck test: looks like a duck quacks like a duck swims like
a duck, then its government)!
-GVTA and BC Transit v. CFS (canadian federation of students) and BCTF!
•CFS wanted to advertise on transit political positions !
•GVTA and BC transit both refused because they don’t allow political
expression on their vehicles !
•political participation is one of the underlying values in freedom of expression!
Violation of 2(b)!
•The transit systems have had power transferred from municipal government,
definitely bound by charter!
#2
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Legislatures (continued: delegation of statutory power (governments can not avoid being responsible to the charter by delegating authority to smaller organizations) Mr. davidson and former employer, davidson grieves over the labour code. The arbitrator found in mr. davidson"s favour, required slaight to provide him with reference letter, with contents dictated. Slaight couldn"t add anything else to it, if you get a phone call for reference, you can only say these were his sales targets and this was his performance. They sought judicial review all the way to supreme court: wether the requirement is a violation of slaight"s freedom of expression (government is forcing them to say x, does the charter apply to the arbitrator, yes. The arbitrator was provided authority under the canadian labour code to make decisions. If davidson had sued wrongful dismissal, then charter wouldn"t apply, but instead claimed against the canada labour code: but they found the violation to be justi able under sec.
