Law 2101 Lecture Notes - Lecture 10: Narcotic Control Act, Section 33 Of The Canadian Charter Of Rights And Freedoms
8 Mar 2018
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Document Summary
"only" - first indication that exceptions to charter to be interpreted in narrow. "reasonable limit" - has to do with what people think is appropriate and rational, "prescribed by law" - interpreted by supreme court in various decisions, not. "demonstrably justified" - government has to be able by demonstrably proven. Whenever there is a charter challenge, there is a two step analysis. Look at whether right in question has been violated in question , burden of proof rests with party that is bringing up challenge. If they are successful, they go to section two analysis. Then, the burden goes to government to justify that violation. You cannot say there is a violation, if the case does not fulfill these two tests. Allows rights to be limited by state action. Establishes justification requirement for limits on rights. Demonstrably justified in free and democratic society. Legal authorization is required to limit rights. Authorization may come from legislation, regulation, common law, necessary implication.
