CRIM 335 Chapter Notes - Chapter 2: Citizens Financial Group, Statutory Interpretation, Negative And Positive Rights
13 Sep 2018
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Although judicial review on federalism grounds has been feature of canadian constitution since early days of confederation, tradition of parliamentary supremacy remained strong until advent of charter. No constraints upon what parliament can do, and it is thought that parliament is best place to achieve appropriate balance b/w indiv rights & freedoms & broader public interest. B/c canadian constitution exhaustively grants legislative power to either federal. Parliament or provincial legislatures, result of decision holding that, say, province cannot enact certain law will almost inevitably be that federal gov can. Result of charter decision striking down law is that, unless resort is had to override clause or if new law can be justified under s. 1, neither level of government can enact exactly the same law. Hence, charter decision can have much more telling impact upon scope for legislative choice. Procedure for constitutional case is more or less same as that used for property or contracts dispute b/w 2 private parties.
