Lecture at: 03/10/2014
C LASS N OTES FOR : P OLI S CI 3NN6
McMaster University, Fall 2013
SCOPE,APPLICATION AND SECTION 1
MONDAY, JANUARY 27, 2014
Do the means chosen impair rights as little as possible? Even if it’s an important purpose (rational
connected) is it still too much? Is the act of infringing on someone’s right in this context too high a
price to pay? If it’s going to fail it will fail the minimal impairment.
1. BENEFIT OF RIGHTS
- Who can actually claim the benefits of the charter themselves?
o It depends! Upon the wording of the section itself
o 2,7,8,9,10,12 and 17 all say EVERYONE.
o Section 11 and 19 Any person
o 20 Members of the public
o Section 24 Anyone
o For the most part, they apply to corporations as well as individual persons.
• Including non-Canadians in Canada
Singh v. Minister of Emp. & Immigration
- Benefits apply to everyone including non-Canadians!
- Applies to every person in the Country
- If you are physically present in Canada, you can claim the benefits (EVERYONE
Every person in the Country)
R. v. Cook
- Case of an American citizen charged with a crime in Canada
- Arrested and held in the United States pending deportation to Canada
- Canadian individuals have to actually go and take physical custody of the arrested
- Because this was an issue of a criminal case in Canada, anAmerican citizen was