Law 2101 Lecture Notes - Lecture 3: Constitution Of The United Kingdom, Patriation, Canadian Identity
Document Summary
Quebec: reference re succession of quebec, [1998] 2 scr 217, federalism, democracy, constitutionalism and the rule of law, respect for minorities, unilaterally, negotiation. The history of the charter: bna 1867, convention in bna was bill of rights: idea that there are certain things to protect in order to facilitate and empower the system we have in place. Also decided that uk could no longer adopt any measures (could not pass any future laws) that would affect canadian constitution: created formal constitutional amending formula for the first time (ss. Act 1982: created and entrenched bill of rights into canadian constitution (charter of rights and. Many important rights are not protected by charter but are instead established and protected by ordinary legislation (ex. Interpretation of rights doesn"t necessarily determine the protection they provide: charter rights and freedoms are subject to s. 1, which allows establishment of limits on rights so long as they are considered reasonable.