POLI 371 Lecture Notes - Lecture 12: Freedom Of Movement, Victoria Charter, Patriation Reference
20 Nov 2015
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Poli 371: lecture 13: federal post 1982: living with the charter. 1982: about adding layer of constitutional commitments, changes in division of powers a bit. Charter would be a way that would lead to a centralization of power within government nationalizing instrument visavis the balance of power. 1 of the problems: state is threat to individual liberty justifies federalism: chop off that power, should be worried if tyranny problem want individual liberty. Pet argue that what you need is an entrenched bor give meaning to constitution national and entrenched bor = national commitment to a conception of r. potection the charter applies to both fed. and provinces unlike bor. Pet argues that this is necessary federation is incomplete need entrenched bor. Trudeau want charter, provinces want to put boundaries that respect provincial sovereignty, all about putting limits within this entrenched rights doc. 2 clauses agreed to, which are the compromise for the existing charter.
