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crim 135 Bill of Rights charter.docx

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Langara College
CRIM 1116

Bill of Rights charter Section 1 of the charter -Section 1 of the charter is referred to as the limitations clause which means that not all rights guaranteed within the charter are absolute but, rather subject to reasonable limits prescribed by law -2 parts to establish if a provincial or federal law can override can override a constitutional guarantee of protection within the charter. 1) fed or prov statutes limits on rights must be reasonable and prescribed by law. 2) limits must be established to the presiding judge to be justified in a free and democratic society. Oakes case was when the first rule of Canadian constitutional interpretation was first established -The limitations clause presents 2 significant but not insurmountable obstacles to those who would use the charter to advance social change first there are few circumstances for which no relevant precedents exists the absences of precedents would permit existing gov’ts policies to be challenged. 2 nd the cost of taking a claim of this kind to a prov court of appeal or the SSC is prohibitive for most individuals. Section 2 of the charter -Fundamental freedoms -Everyone has the following fundamental freedoms: Freedom of conscience and religion Freedom of thought belief opinion and expression including freedom of the press and other media of communication Freedom of peaceful assembly; and Freedom of association -Similarities to the bill of rights but some freedoms have expanded such as religion and thought to include more things Sections 3-5 Basic rights of Canadian citizens with respect to voting electoral representation and social mobility Section 3 says every citizen has the right to vote Section 4 says no House of Commons or legislative assembly shall continue for more than 5 years unless in times of real or apprehended war invasion or insurrection Section 5 says sitting of parliament and each legislature at least once every 12 months Section 6 -Asserts a new right which is occupational mobility across Canadian provinces subject to reasonable residency requirements and the operation of “discriminatory” laws aimed at the amelioration of social and economic disadvantage within specific powers -1every Canadian citizen has the right to enter remain and leave Canada -2every citizen and permanent resident has right to move and live in any province and pursue the gaining of a livelihood in any province. Sections 7-14 -Mainly focus on legal rights - Section 7 says everyone has the right to life liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamen
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