Philosophy 1040F/G Study Guide - Final Guide: Canada Act 1982, Quebec Act, French Language
9 Apr 2020
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Supreme court cases shape the world we live in. Constitution brings everything together (ethics, law, and politics) Minds can be changed on the basis of arguments (i. e. medical assistance in dying) Long answers probably about the court cases. The canadian charter of rights and freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Allows your rights and freedoms, but can also take them away. Protects from the government, done by the courts. Developed after r v oakes where oakes was presumed guilty. The presumption of guilt violates section 11 of the charter. If any part of the test fails, then the law is not within reasonable limits. This means that the law does not fit under section 1 of the charter and violates the rights of the citizens. Regulate you can do it sometimes but not always.
