PHILOS 1B03 Study Guide - Final Guide: 1890 Manifesto, Section 33 Of The Canadian Charter Of Rights And Freedoms, War Measures Act
14 Dec 2014
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Document Summary
Civil law (rome: most of europe & south. America: plaintiff v defendant, private, balance of probabilities, compensation specific performance. Judge made: case law created by judges when deciding cases/issuing judgement, precedents. Public law (state v individual: administrative law, criminal law, punishment, beyond reasonable doubt, burden of proof on state, constitutional law, a constitution creates, regulates and limits: Bna act (1867: creation and distribution of government powers, establish jurisdiction, ex. provinces + education, federal government, jurisdictional boundary disputes, edwards vs attorny general of canada. 2: federal government scared to act unconstitutionally, so they renewed negations with provinces, particularly those opposed to charter + judicial review, all provinces consent to partition except quebec. Fundamental freedoms: conscience, religion, thought, belief, opinion + expression, freedom of press- peaceful assembly & association. Legal rights: life, liberty & security of the person, secure against unreasonable search and seizure, not to be arbitrarily detained/imprisoned, no cruel/unusual punishment.
