HESA 6305 Lecture Notes - Lecture 1: Section 33 Of The Canadian Charter Of Rights And Freedoms, Henry Morgentaler, Law
Document Summary
Lecture 1 introduction to the canadian legal system. We inherited the legal system from the united kingdom. Areas of overlap (i. e. health: not designated to either level of government, provinces can establish hospitals and the practice of medicine, federal government has most financial power through taxes + cha. Charter is first 33 sections of the constitution of 1982: (cid:862) upre(cid:373)e la(cid:449) of the la(cid:374)d(cid:863) Initially, canada had to go to britain every time they wanted to make a change to the constitution: went to britain to ask for separate constitution. Basic rights were federal statute (can be changed/overruled at any time) Constitution is only effective against the government. Laws can be struck down if it violates two or more rights. R. v. morgentaler (1988) s. 7 violation. Chaoulli v. quebec s. 7 s. 8 search and seizure: i. e. asking for medical records.