LAWS 1000 Lecture Notes - Lecture 6: Oka Crisis, Idle No More, R V Drybones
19 Apr 2016
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Document Summary
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. Serves as a check to parliament supremacy (important: human rights codes and commissions in the provinces and territories, extending the power of court to invalidate legislation, beyond simply ultravires assessment (1867) Fundamentals: defamation: peaceful assembly, freedom of association, consciousness and religion, freedom of thought (including communication and press but beware of hate speech, libel, slander, Life, liberty and security of the person (sections 7 to 14) Arrest: not to be search or touched without consent, arbitrary if no criteria expressed or implied. 1986 scc in r. v. oakes (oakes test). Section 28: rights guaranteed to both sexes. Section 33: notwithstanding clause: available to federal and provincial law makers, out of the grip of section 2, 7 to 15, max of five years, upon renewal.
