PAPM 2000 January 14, 2014.docx
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Department
Public Affairs and Policy Management
Course
PAPM 2000
Professor
Graeme Auld
Semester
Winter

Description
Smith: The Impact of the Charter: Untangling the Effects of Institutional Change • Professor at York, everything graduate level, rooted in graduate studies and female gender • Impact that charter has had in 3 distinct areas • Political movements o Comprehensive analysis of Supreme Court post-charter • How it has affected political life in Canada • Public policy o Criminal law and gay and lesbian rights to marry (not LGBQ) has to be sexual orientation, not gender identity • Instrumental and incursive • Instrumental: how has charter and supreme court changed the process by which we have changed laws  Gay and lesbians explicitly named in Charter  SCC ruling says it is including • Incursive: how we've changed environmental o Notwithstanding clause is important as well o Charter is huge, big impact on rights of the accused o Those laws and rights of accused have been pushed too law • Someone who's accused of law can cite the victim's sexual history -> in their defense  Charter had to balance them • LGBQ rights: through a lens of gay and lesbian rights, how it has allowed for so much in the charter, we view it as fundamental -> discourse around gay and lesbian has been minimal because it was just allowed in the charter • Pg. 24 -> in the states, more based in fundamental and religious ideas  Canada is more liberal
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