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BUSA 391 (11)
Lecture 3

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Business Admin
BUSA 391
Leslie Beck

Lecture #3  Ultravirus= beyond the governments powers  Intravirus= within their powers  The charter of rights and freedoms and all the rules within it are supreme laws  Whose behaviour is controlled by the charter? Parliament, and the legislatures of provinces, bodies controlled by government  Whoever deals with a matter in the charter, constitution,  The cabinet of Canada agrees that something should be done, but have to pass it through top ministers, governor general and queen  For e.g. the government of Canada is concerned because the number of sexual attacks are increasing, through 9 in the night to 5:30 in the morning  The govt. of Canada passes a law, no male over the age of 10 can go out at night by himself or with his friends, unless each person is going out with a female  You look to see in the charter of freedoms if it is in the powers of the level of government who is passing the law, and if it isn’t you challenge the law under the constitution  If it is within their powers, you look through the charter to see if anything will help your caseSection 2. Freedom of Association (this wouldn’t apply, because this is about who you decide to associate with in relation to groups, not individuals)  Section 15. Discrimination of men and women, women allowed to go out as they please, but males are not, therefore as a male, they are being discriminated against= liable  What about the women who want to be protected? Section 15 (2) affirmative action section, not the strongest possibility because the other side of the case could say that the new law would also interfere with the rights of men  Section 33, if it fits under section 2 or between section 7-15, despite men’s rights under section 15,it still endangers women, enactment of law for protection of women  They may not do this because during the next election, males may not want to vote for current government  How legislation is made  Every time a judge makes a decision, a precedent=a case from your level or court or a higher level of court within your chain of courts, if a judge has previously made a decision, then you must follow that, even if there is no decision, very often there are similar cases and the laws used for that are used to the new law  Pg.46 (different levels of court, hierarchy)  Every court in Canada must follow a decision within a decision of the supreme court of Canada if it is the same issue  If cases are the same, but there is a material fact that is different in the preceding case, then you can distinguish the decision, “that can’t apply, because of this big difference...”  There is a trial court and the plaintiff wins, the case then appeals to courts of appeal (usually don’t care for witnessed, deal with what happened)  the tri
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