Law 2101 Lecture Notes - Lecture 6: Section 33 Of The Canadian Charter Of Rights And Freedoms, Determinative, Fundamental Justice
19 Apr 2018
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Document Summary
A statement of individual and collective rights and freedoms: part of the canadian constitutions (constitution act 1982) before 1982 was british north american act. Status refers to those rights in the constitution, your right is your are allowed to go to court. 38-49 of constitution act 1982: 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. A right to healthcare- no/yes, not mentioned in charter but certain area guarantees life liberty and security of a person and health care would fit in certain circumstances under section 7. Read the charter then you try to understand the case law. *just bc a right if not in the charter does not mean it is not protected by the charter, it has to do with the approach you take.
