POLSCI 3NN6 Lecture Notes - Lecture 4: Sign Language, Sunset Provision, Distinct Society

• School: McMaster University
• Department: Political Science
• Course: POLSCI 3NN6
• Professor: Greg Flynn

Document Summary

Three stages of what we"re looking at: applicability of the charter (5 circumstances, whether a right has been violated, whether that violation is justified. Applicability: legislature, exercising delegated power, government (executive/admin) dd, by their nature part of government, private organizations may do things that are governmental in nature, the notwithstanding cause. Permits legislatures to protect their laws from contest under certain provisions under the. Protects laws from the operations of section 2 and sections 7-15. Section 2 and sections 7-15 are fundamental freedoms, full set of legal rights from the criminal justice system. If the government says they are going to pass a law that the provisions of the. The charter was created at the behest of the provincial governments - there was concern that the courts had too much say over policy matters. The prov. governments sought to have sec 33 included so they could exempt their legislation from the charter.