POLI 101 Lecture Notes - Lecture 27: Gender Equality
Document Summary
In federal system: ability to move freely between provinces, multicultural heritage(section 27, gender equality(section 28) How the charter works: law v canada 1999, 30 year old widow denied cpp survivor benefit on basis on age(had to be 45 to qualify, challenged the rule in the legislation as a violation of equality. Claim a charter right: section 15 guarantees equality under the law, including age, equality for a social purpose, differential treatment enumerated or analogous grounds, burden on dignity. Charter and parliament: challenges parliamentary sovereignty limits what the legislature can do, does transfer power to the courts, structural solution in the charter itself. Modern bill of rights: charter rights are not unlimited, section 33 notwithstanding clause, overriding some part of the charter, section 1 reasonable limits clause. Notwithstanding: legislation operates notwithstanding or in spite of charter rights, applies to section 2 and 7-15, fundamental freedoms and legal rights. Using section 33: pre-emptive: charter proof legislation, post: effectively overrides court findings.
