POLI 378 Lecture Notes - Lecture 4: Slaight Communications, Freedom Of Movement, Comity
21 Apr 2013
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Document Summary
The constitutional context and the changing role of the courts, continued . Jan 14th: continue overview of charter provisions, discuss scope of charter application, discuss procedure for appeal at scc level, overview of rules for standing . Who is entitled to bring a case to the supreme court level: miscellanea re scc procedure, introduce anatomy of a charter claim. Main branches of constitutional litigation are: rights and freedoms, fundamental freedoms- s. 2, democratic rights- ss. 3-5: mobility rights- s. 6, legal rights- ss. 32-34 (charter applies to government acts: s. 32- charter applies to government acts, s. 33 notwithstanding clause. Jurisprudence: the reason of the decisions of the court or refer to legal philosophy. Application to government: government institution, or, 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.
