PUB2 101D1 Lecture Notes - Lecture 7: Ross Case, Headnote, Trinity Western University

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D1
• Professor: Mark Walters

Document Summary

There seems to be section 33 only applies to ss. Right to sexual equality s. 28 also sits outside the scope of s. 33 and even s. 1. Section 35 aboriginal rights are also outside the charter, so neither ss. Section 93 ca 1867 provides for denominational schools. In my view, it appears sounder to leave to the state the burden of justifying the restrictions it has chosen. Any ambiguity or hesitation should be resolved in favour of individual rights. Not only is this consistent with the broad and liberal interpretation of rights favoured by this court, but s. 1 is a much more flexible tool with which to balance competing rights than s. 2(a). In rjr-macdonald, i noted that "the evidentiary requirements under s. 1 will vary substantially depending upon both the nature of the legislation and the nature of the right infringed".