POLC68H3 Chapter Notes - Chapter 1: Section 33 Of The Canadian Charter Of Rights And Freedoms, Comity, Freedom Of Movement
24 Dec 2015
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Document Summary
Instruct judges to read and apply written laws in specific ways: sec 25 (aboriginal), 27 (multicultural), 28 (gender) tell judges to take particular interests into acct. Only s. 27 has had impact on charter jurisprudence, really ignoring s. 25, s. 28 (d) jurisprudence: the body of case law that interprets and applies a particular law or constitutional provision. The interpretive clauses in charter do not trump alternative approaches to the language of the guarantees (?) Two important remedial sections are: s. 24 of charter, s. 52 (1) of constitution act, 1984: s. 24: allows anyone whose rights/freedoms have been infringed to seek a remedy from the courts. (s. 24 is narrower; allows judges to exclude evidence from court if its admission would bring disrepute to the administration of justice). S. 26: protects non-charter rights from exemption on grounds of omission (?) S. 29: protects the historic rights of catholic and other denominational schools against the potential impact of ss. 2(a) and 15(1).
