POLSCI 3NN6 Lecture Notes - Leviathan, Public Law
5 Apr 2014
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Law is all about finding a test and applying it. or changing the test if it is not good enough and justifying it. No test for section 3, there is meaningful participation and effective representation. Application of section 3- where does it apply. Section 33 doesn"t apply but section 1 applies. From the case of hagen canada, the right to vote in referendum is not protected in section 3. It is only protected during voting the members of house of commons and. Section 33 doesn"t apply to section 3, supreme court has taken that as an indication of how important section 3 is because it is not subjected to notwithstanding clause, so it deserves a higher degree of protection. You are likely to apply it in a more strict fashion when it comes to a section 1. Saskatchewan electoral vendors: supreme court gave a broader definition to this right to vote.
