TRN305Y1 Lecture Notes - Lecture 5: Seditious Libel, Guide Dog, Legal Personality
Document Summary
1) understand history & context that led to canada"s adoption of the charter. 2) understand the charter"s content & structure. 3) understand how the charter works in practice. Adopted in 1982 but not that rights were not protected/considered before charter"s adoption. Judges play significant role in determining content & scope of individual rights in. Essential civil rights habeas corpus (whether detainment is lawful), trial by jury, etc. Not to say that judges always got these things correct but significant role in pre charter era in developing individual rights. Purpose of relevant frameworks & find ideas from it. Ex. private property recognized under constitutional law presumption that if gov"t is to expropriate land, has to pay appropriate sum for it. Reasons (based on case circumstances) that principle of private property should be applied in this case. Farmer & debout jehovah"s witness in quebec arrested while distributing pamphlets title that criticized the provincial gov"t.
