Law 2101 Lecture Notes - Lecture 9: Pierre Trudeau, Official Language, Fundamental Justice
12 Dec 2017
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Document Summary
Created and entrenched bill of rights into canadian constitution (charter of rights and. Freedoms: for the first time, canadians could claim fundamental rights in the courts, significantly increased powers of canadian judiciary. Section 52: the constitution of canada is the supreme law of canada, and any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force or effect. What does it mean to have a charter right: right create protected zones for people to act, free of unjustified state interference, where there is a right, there is a correlative duty on state to respect the right. Some rights may require the state to take action to secure the benefit of the right. What sorts of rights does the charter protect: civil and political rights, economic and social rights are not specifically protected. Largely negative in orientation - ie. they limit the exercise of state power.
