CRIM 335 Chapter Notes - Chapter 3: Habeas Corpus, Fundamental Justice, Equal Protection Clause
25 Sep 2018
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Document Summary
Entrenching rights in constitution does not end debate about legitimacy of judicial review. Rather, debate takes on diff form, revolving around justification for various approaches to constitutional interpretation. Charter identifies & enshrines 6 broad categories of rights. Mobility rights to enter & leave country & right to reside in & gain livelihood in any province. Legal rights, particularly those pertaining to criminal process, such as. General right to life, liberty, security of person. Right not to be deprived thereof except in accordance w/ principles of fundamental justice. Right to equality before & under law & to equal protection & equal benefit of law. Rights guaranteed & made subject to limitations in s. 1 of charter. Canadian charter follows model of international human rights documents rather than. Charter includes number of distinctive interpretive provisions, including. Clause ensuring no derogation from aboriginal rights by charter in s. 25. Commitment to preserve & enhance our multicultural heritage in s. 27.
