Class Notes (808,554)
Canada (493,288)
POLI 378 (1)
Lecture 4

lecture 4.docx

5 Pages
Unlock Document

McGill University
Political Science
POLI 378
Nicole Borovan

Poli 378—Canadian Judicial Process Jan 14th Lecture 4 The constitutional context and the changing role of the courts, continued… Today’s objectives: o Continue overview of Charter provisions o Discuss scope of Charter application o Discuss procedure for appeal at SCC level o Overview of rules for “standing”  Who is entitled to bring a case to the Supreme Court level o Miscellanea re SCC procedure o Introduce anatomy of a Charter claim Charter & Charter Jurisprudence: Main branches of constitutional litigation are: Division of power Charter litigation Aboriginal Contents of Charter 1. Rights and Freedoms a. Fundamental freedoms- s.2 b. Democratic Rights- ss. 3-5 c. Mobility Rights- s.6 d. Legal Rights- ss. 7-14 e. Equality rights- s.15 rich case law component that Judges have interpreted in a certain way (national or ethnic origin, race, sex, and physical disability) f. Language rights- ss.16-23 2. Rules of interpretation a. S.1—limiting clause (provision that guarantees the rights to the charter that are justified in a society—government has onus to prove that limiting the right was justified) b. S. 25-31-Aboriginal rights, multiculturalism, gender equality, denominational schools, etc. 3. Remedies and Enforcement a. S.24- allows anyone whose Charter rights or freedoms were infringed to apply to court for a remedy b. S. 52 (1) Constitution Act, 1982—supreme law 4. Miscellaneous provisions a. Ss. 32-34 (charter applies to government acts) b. S.32- Charter applies to government acts c. S.33—“notwithstanding” clause Jurisprudence: the reason of the decisions of the Court or refer to legal philosophy Take a look at the Charter* Application to government o Government Institution, or o If not part of government, “but nevertheless performs governmental activities which can be said to be governmental in nature will be subject to the Charter.” Ex from landlord, which doesn’t apply to Charter When we say it applies to governmental actions, does it only apply to Canadian citizens only? How does it apply? o Public and Private sector distinction Examples of the Charter that could apply against: o Hospital institutions (deliver services to public, subsidized by government)—treating patients o Universities—teaching students  But not when performing “private” functions Also, Charter applies to an otherwise private entity when taking action that is authorized by or done as a direct consequence of a particular statute. Slaight Communications Inc. v. Davidson, [1989] 1 S.C.R. 1038 Private actions itself don’t engage the Charter—but parties have to conform to Charter values. Article by McIvor—example of cabinet orders and decrees. o Does the Charter apply to use of executive discretion? o Applies in deportation matters Generally, Cabinet can carry out foreign affairs issues without parliament approval. Equally subject to Charter review. Who’s protected? o Ss.7-14—“everyone” has the right to life, liberty and security of the person… o Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177—“everyone” for purposes of section 7 = physically present in Canada. o Democratic rights (s. 3), mobility rights (Every Canadian Citizen has right to leave, enter Canada) (s. 6), minority language education rights (s.23), only apply to “Canadian citizens” These rights extend to HUMAN BEINGS only not to corporations… Extraterritorial application International law—principle against extraterritorial enforcement of domestic laws + comity BUT: Khadr, SCC 2008-2010: section 7 is engaged in Ca
More Less

Related notes for POLI 378

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.