HLST 2020 Lecture Notes - Lecture 10: Constitution Act, 1982, Victoria Charter, Purposive Approach
28 Nov 2017
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Document Summary
Established by the constitution > first part of constitution act, 1982. Ensures government doesn"t violate it or any laws. Based and followed buy canadian bill of rights. Exclusive/select/special rights to natural person and canadians > most applied for legal person (not refugees, student-visa, visitor-visa, etc) Sections 1-24 = enforceable by the courts > award remedies and exclude evidence. Section 32 = charter binding on all levels of the government > these laws cannot be violated at any cost. Section 2 = fundamental freedoms (basic and necessary rights everyone has; eg. freedom of speech) Sections 3-5 = democratic rights (allows canadian citizens the right to vote in federal/provincial election; eligibility to be part of house of commons > run for elections) Section 6 = mobility rights > allows residents to travel within and outside the country, move houses, etc. Sections 7-14 = legal rights > individual freedom, legal claims, right to lawyer, legal entity.
