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Lecture

Class 5 – LAWS2105C – February 4, 2014.docx

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Department
Law
Course
LAWS 2105
Professor
Pooja Parmar
Semester
Winter

Description
Class 5LAWS2105CFebruary 4 2014Two sources of human rights protection in CanadaCharter of Rights and FreedomsoFundamental freedoms democratic rights of citizens interaction with legal systemoS15 of the Charter equality of rights provisioneveryone is equal under the law without discriminationCourts have read in sexual orientation into this provision which didnt originally include itThings that are unchangeable can be read in protections extended to people live offon reserves oBut this only applies to governmental conductactorsInfringements on Charter have to challenge the governmentactorsdepartmentsCan extend to anything carrying out a government objectiveCommunity colleges created by statute hospitals engaged in delivery of health care universities are currently in the grey areaBut s1 says that sometimes infringement of rights can be legitimate important objective from government and restrictions are as narrow as possibleS33 lets legislators ultimately override Charter if they wish only lasts 5 years legislators must be very explicit about it very rarely usedProvincial territorial human rights statutes human rights acthuman rights codeo12 or 13 of them not identical but similar structureperform a similar function to section 15 of the charter equality provisionoApply to particular activitiessocial areas mostly in employment provision of public services store movie theatre etc and housing oApply both to government and private sector
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