POLS 3140 Lecture Notes - Lecture 3: Manitoba Act, Critical Legal Studies, R V Drybones

• School: University of Guelph
• Department: Political Science
• Course: POLS 3140
• Professor: Dave Snow

Document Summary

We are looking at the text of the charter itself. Judicial policymaking power grows as constitutional law expands. Most important - "supreme law of the land" Any law contradicting it is of no force or effect. Some words are unclear, so judges decide what it means = we are giving judges more authority. Act of parliament - no constitutional status (statute) We did not have to go to the uk to get it approved. Provinces are very powerful - whatever provinces do doesn"t apply to the bill of rights. Courts did not make much use of bill of rights. Drybones fined for being intoxicated off a reserve in contravention 94(b) of the indian act. Indian act violated equality provision of the bill of rights. Because penalties potentially more severe than those for non-indians. Only time a law was found to be inconsistent with the bill of rights. Lavell and b dard: two status indian women who married non-status men.