Political Science 3332F/G Chapter M 74-99: Political Science 3332F/G Chapter : 3322
4 Feb 2019
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Substantive: concern the constitutionality of a particular statute. Procedural: challenges specific act/decision by governmental official. Substantive cases - court must consider 3 questions. Claimant bears onus at first stage of substantive charter challenge. Must prove impugned law restricts his exercise of an entrenched right or freedom. Must convince court violation is more likely than not. Identify purpose of particular charter section at issue. Chief justice dickson - big m drug mart. Determine whether impugned law conflicts w right/freedom. Purpose of law conflicts w a charter guarantee. Incidental effects interfere w charter guarantee (most common - unusual) Summary: claimant must persuade court that impugned law conflicts w charter. Must show on balance of probabilities that purpose or effect of impugned law conflicts w purpose of specific guarantee. Ex: figueroa demonstrated that law requiring political party to run at least. 50 candidates in election conflicted w meaningful participation of some. If this succeeds, it moves onto the second part (oakes)
