POL214Y1 Lecture Notes - Lecture 8: Sunday Shopping, The Takeaway, Canadian Bar Association
14 Jan 2018
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Document Summary
In the charter"s first decade, the courts decided about 1,000 charter cases: general slow down, 2008-2012: 69 cases, contributed about 20% of all cases decided by the sc. Origins and meanings of rights: there is no shortlist of human rights recognized consistently throughout human history. Rights and their protection: political conflicts is often over whether an issue should be framed in rights talk, or framed some other way for the purposes of debate and analysis, example: immigration. In constitution: rights in relation to elections, religion, and language. Judges are no longer hesitant to question the substance of laws passed by parliament and the provincial legislatures, the judiciary now plays a more prominent role: takeaway: courts are more active, rights are more comprehensive and explicit. If rights are not absolute, how do we come to a compromise: the charter applies to all state institutions and anyone physically present in canada, citizens and non citizens alike.
