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Lecture 4

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McMaster University
Political Science
Greg Flynn

January 16 2012Three Stages of what were looking at 1Applicability of the Charter 5 circumstances 2Whether a right has been violated3Whether that violation is justifiedApplicability1Legislature2Exercising delegated power3Government executiveadmin DD4By their nature part of government5Private organizations may do things that are governmental in nature 3The Notwithstanding CauseSection 33Permits legislatures to protect their laws from contest under certain provisions under the Charter Protects laws from the operations of section 2 and sections 715 All other rights cannot be excluded Section 2 and sections 715 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 Charter dont apply to it they can The Charter was created at the behest of the provincial governmentsthere 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 Prior to the Charter the common law still served as a protection against things like unlawful searches coerced confessions that prohibited governments from intruding too far In codifying the rights we supplanted the common law giving governments the ability to do things
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