Law 2101 Lecture 9: Lecture 9
11 Oct 2016
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Section 52: supremacy clause: the constitution is the supreme law of canada, any law that is inconsistent with the provisions of the constitution has no force or effect. Un declaration of human rights (1948: a set of rights that should be followed, set out after the way nazi"s treated the jews and other minority groups. Canadian bill of rights (1960: legislative enactment, next government could amend it, severe limitation, only applied to the federal government, did(cid:374)"t ha(cid:448)e the po(cid:449)e(cid:396) ou(cid:396) co(cid:374)stitutio(cid:374) has. If legislation violates rights in the charter, that violation is against section 52 and has no force and effect. The charter: section 1: reasonable limits (oakes test, section 2: fundamental freedoms. Fundamental to human existence and community: sections 3-5: democratic rights. The right to participate in democratic things: section 6: mobility rights. You have the right to move around the country freely: section 7-14: legal rights. Implications that affect all of us: section 15: equality rights.
