POSC 110 Lecture Notes - Lecture 9: Constitution Act, 1982, Section 33 Of The Canadian Charter Of Rights And Freedoms, Patriation
Document Summary
Governing principles of bna act: westminster parliamentary government, federalism. Governing principles of constitution act, 1982: entrenchment of individual rights, recognition of aboriginal treaty rights. The constitution act, 1982: the key to the new constitution act was the amending formula or formulas, without an amending formula it was impossible to patriate the constitution. Group rights are in the second part of the charter: language rights, aboriginal rights, gender rights, multiculturalism. 33. (1) parliament or the legislature of a province may expressly declare in an act of parliament or of the legislature, as the case may be, that that act or a provision thereof shall operate notwithstanding a provision . The measure adopted must be rationally connected to the objective and cannot be arbitrary, unfair or based on irrational considerations. The means employed should impair as little as possible the right or freedom in question.
