LAWS 1000 Lecture Notes - Lecture 6: Constitution Act, 1982, Individual And Group Rights, Lower Canada
26 Nov 2015
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Contained in part 1 of the constitutional act of 1982 . Applicable to all legislation and acts of public authorities (provincial and federal) Not applicable to the actions of private individuals and non governmental bodies. Human rights codes and commissions in the provinces and territories. Serves as a check to parliament supremacy (important) Extending the power of court to invalidate legislation, beyond simply ultravires assessment (1867) Freedom of thought (including communication and press but beware of hate speech, libel, slander, defamation) Freedom of association: v. big m drug mart ltd (1985): store to open on sundays, contra lord"s day act. Freedom of religion is not absolute*: it must be balanced by other"s peoples believe or absence of thereof. To be inform promptly of the reasons; to retain and instruct counsel without delay; to have the validity of detention by way of habeas corpus or release.
