LAWS 2502 Lecture 5: 5
Document Summary
What happened after charkaoui: bill c-3 implemented with creates a special advocate system, detainees still do not know evidence against them, special advocate to work in best interest of detainee. What is the difference between s. 7 and s. 1 of the charter: s. 7 concerned with whether limit has been imposed in way that respects fundamental justice, s. 1 concerned with whether limit is justified. Borowski v. canada (attorney general) (no. 2) (1989) 1 s. c. r. Charter and courts not able to assess sunbstantive content of legislation: upon appeal, found that s. 7 and s. 15 do not apply to foetus, by time case comes to scc, s. 251 stuck down in r v. Mootness: two-step analysis, has the concrete dispute disappeared, * an appeal cannot be transformed into a reference. Immigration) (1992: council challenges changes to immigration act, 1976, esp. process of refugee" determination, council took action seeking declaration that amended provisions violated charter of rights and freedoms and.
