CRIM 1116 Lecture Notes - Small Claims Court, Supreme Court Of Canada, Provincial And Territorial Courts In Canada
Document Summary
Section 24(enforcement) anyone whose rights or freedoms have been infringed upon or denied can apply to a court of competent jurisdiction to obtain such remedy as court considers appropriate and just. Notwithstanding clause-section 33 of charter which allows a legislature to enact laws that specifically override the rights and freedoms in the charter by stating that the legislation will operate even though it could or does infringe constitutional rights. Argued that passage of charter as a constitutional document gave canada"s judges the power to make law a power that should never be given to individuals that are not elected and hence not accountable to the general public. Police say sections 7-14 of charter has hampered their ability to enforce the law effectively makes it more difficult to detect arrest and prosecute criminals. Nothing in the charter about economic rights or equality.
