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Lecture 17

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Political Science
Greg Flynn

Section 15 – Equality Rights Hypothetical Fact Scenario: Sec 32: Does the Charter Apply? 1. Legislature/ Legislation we are dealing with 2. DelegatedAuthority (Ramsden) 3. Government Control (Mck. Trilogy) 4. Government in Nature (Eldridge) 5. Government by Nature (BC Transit) In this case: 1. 2. Yes, the CTC is a delegated authority; it operates under the Canadian Transportation Federation. Be careful, just because something operates nationally doesn’t make it a delegated authority. 3. Government Control? 4. Government in Nature: if it wasn’t delegated authority, then you will determine if its government in nature. In this case, it is government in nature too, the CTC puts forward the guidelines and tells the airlines how they can operate. Needs to fulfill any one of the above criteria to be considered for the applicability of the Charter. Section 33. Notwithstanding Clause. To see if it is exempted Rights Violated: go through all the rights that might be violated in the exam and there will be grades allocated for each of them. On the exam, there will be a scenario with two or more rights. Right down all the rights and tests. When in doubt, do the test. Section 15 – Equality Section 6 – Mobility Section 7 – Section 7: Life, Liberty and Security of Person. Life (Morgentaler/ Tremblay) or Liberty: 2 tests - Physical Restraint (B.C. M.A) and Interference from fundamental personal choices (M./ Blencoe), or Security of Person: Risk of harm (M./ Blencoe) and loss of control over aspect of body (Rodriquez) + Principles of fundamental justice – violation? Only compound right in the Charter (Chaouli) If you get past any one of the five tests, life, liberty and security of person, right has been violated. Applying the case: 1. The regulations do not put Doug’s life in risk. So, no. 2. Liberty: Physical Restraint – Doug is not physically restraint. Interference with fundamental personal choices
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