LAW 201 Lecture Notes - Lecture 4: Indian Act, Aboriginal Title, Indian Register
Document Summary
Charter of rights and freedom was incorporated into constitution in 1982. Protect fundamental rights and freedom: rights essential to free and democratic society and maintain human dignity. I. e. individuals must be free to express opinions and debate important ideas. Be secure from arbitrary imprisonment and detention. Receive equal treatment under the law: these are entrenched in the charter. Constrain government interference with these rights: supreme law that limits it, gov can be prohibited from interfering with it. Some cases - values of free and democratic society can require limitation on individual rights. Rights in the charter are not absolute: government is constitutionally permitted to restrict rights in certain circumstances. S. 1 -> subject to limits that could be justified. S. 33 -> not withstanding clause to allow gov. to not withstanding some laws: not minority for language rights or voting, works on the equality rights. Structure of the charter of rights and freedoms:
