PUB2 101D1 Lecture Notes - Lecture 19: Constitution Act, 1982, Good Governance, Declaratory Judgment

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D1
• Professor: Mark Walters

Document Summary

The consequences of unconstitutionality before the charter rule of law and the defacto doctrine. The remedial provisions of the charter: section 24, section 52. Some of the key issues to keep your eye on: how do ss. Recall that we only get to ss. 24 and 52 only if the government has failed to meet its burden under s. 1. So, there is an infringement of rights, either by statute or by action that cannot be justified in a free and democratic society. Section 24 is for government action and provides individualized remedies and only applies to the charter. Section 52 concerns statutory instruments and only provides invalidity (or some species thereof more next class) and applies to the constitution as a whole. The reasons that inform the general principle of public law are also relevant in a charter context.