Law 2101 Chapter Notes - Chapter 9: Ontario Human Rights Commission, Time Charter, Unemployment Insurance Act 1920
Document Summary
Tuesday oct 20: cr-20 cr-26: enforcing charter rights. Parties to a charter case: person seeking relief from a charter violation, the state alleged to be in violation of the charter, or the attorney general from the government that passed the law. Invalidating legislation: key remedy involving legislation that infringes the charter is the remedy of invalidation. Strike down" the law: courts do not always do this, sometimes they suspend the declaration and allow legislature to fix the problem. Case example: schachter v. canada: schachter was father of newborn baby, applied for benefits under unemployment. 2: reading in would not involve an intrusion into legislative budgetary decisions (iii) Section 24 remedies: these remedies are used when government action is concerned as opposed to legislation, could be rights infringed or the exclusion of evidence in criminal law proceedings. Declarations: statement of what the law requires, clarifies the requirements of the charter so the state actor can bring their actions into compliance.
