POLSCI 1G06 Lecture 4: January 28 & 30 2014 - The Canadian Constitution.doc
31 Dec 2014
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The answer depends, in part, on how you define democracy. The rights provided for in the charter can be overridden (in certain circumstances) by the elected legislature. The canadian charter of rights and freedoms guarantees the rights and freedoms set out in it o. Subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society . If the case can be made that the violation of the right falls under the reasonable limits qualification, the government can violate a given right. Just how to determine whether a violation is reasonable or not is provided through the. The court has interpreted this to mean that the rights listed are not an exhaustive list. In sum, section 1 and 33 allow democratically elected governments to in essence override some of the rights contained in the charter.
