Political Science 2230E Lecture Notes - Lecture 4: Supremacy Clause, Section 33 Of The Canadian Charter Of Rights And Freedoms, Quebec French

• School: Western University
• Department: Political Science
• Course: Political Science 2230E
• Professor: Cameron Anderson

Document Summary

1. to whom or what does the charter apply: section 32: the charter applies to the. Parliament & govt of ca, & the legislature & govt of each province. How has the judiciary interpreted s. 1: s. 1 the reasonable limits clause: Stages: for 1st few years, scc didn"t know what it meant, so no consistent approach was taken to addressing reasonable limits. & courts avoided offering s. 1 analysis until 1986 when the. Oakes test was established: oakes test: provides a framework for determining reasonable limits; every time a. Charter case is heard by any court, it is filtered thru this. When court determines the right in charter has been violated, it is up to govt to establish for court that the rights violation is a reasonable limit according to. It is the govt"s burden to establish to court & prove it is reasonable. 3 components the court will assess are: (1) police. 1995 legislation banned advertising on all tobacco products.