POLSCI 3FR3 Lecture Notes - Lecture 1: Law Society
15 May 2018
School
Department
Course
Professor
Monday, January 8, 2018
3RF3 Charter of Rights and Freedoms
Public Law- Charter of Rights and Freedoms Scope and Application !
•Does this government have the authority to pass the legislation it purported to
pass before we ask if there has been a charter infringement? (not of interest in this
course)!
•Does the charter apply? (sec. 32&33)!
•Has a right been violated?!
•Is that violation justified under (sec. 1)!
-Canada is hybrid legal system, British common law as well as civil law only in
province of Quebec (applies predominantly to private law)!
•The common law (referred to as a judge-made law system)!
-the common law are a series of principles that have been evolved over time not
by legislative actions but by judicial decisions that established a number of
principles that are the law!
•Self-defense was established by courts (legislation did not initially enact)!
•Supreme court judges have interpreted the constitution… sec. 15 sets out 6
grounds on which the gov can’t discriminate against cit. the supreme court
has added to it, recently sexual orientation !
•common law buttressing the constitution !
•As binding as written document !
•Formal and informal aspects of the charter!
-Charter of rights and freedoms came about in 1982 (not retroactive)!
-Section 32(1)!
•This charter applies!
-a) to the Parliament and government of Canada in respect of all matters within
the authority to the Yukon Territory and Northwest Territories; and!
-b) to the legislature and government of each province in respect of all matters
within the authority of the legislature of each province!
#1
find more resources at oneclass.com
find more resources at oneclass.com
Monday, January 8, 2018
-Interested in parliament and executive !
-Scope of the Charter!
•Dolphin Delivery!
-Purolator forces employees not to work, lock out union and contract out their
current jobs to third party smaller couriers, including Dolphin Delivery!
-Picket line at Purolator but also at Dolphin delivery!
•DD immediately go to court and sought injunction against the union to prohibit
them from picketing, on the basis of the common law tort of inducing breach
of contract !
•In this case Dolphin Delivery had a contractual relationship with employees as
well as purolator, and it is a private wrong for anyone to interfere with
contractual relationship to which they are not a party !
•Court granted injection, on the basis that union had no standing in relationship
between dd and purolator and employees!
•The union appealed and went to supreme court, argument made:!
-court order (injunction) violation of unions charter rights (freedom of
expression, and violation of their freedom of association) !
-Supreme court dismisses argument, said: A court order is not an issue from
a government or legislature (judicial doesn’t fall under sec. 32), otherwise
judicial decisions on private matters would be under scope of charter!
-We interpret sec. 32 as charter applying only to legislatures and
government, does not apply to private activity (human rights code, statutes,
but not charter)!
-No piece of legislation under which injunction was granted, was common
law!
-Union lost the case!
•Pridgen v. University of Calgary!
-Twins taking public law course, widespread dissatisfaction over how the course
was taught !
#2
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
32&33: has a right been violated, is that violation justi ed under (sec. Canada is hybrid legal system, british common law as well as civil law only in province of quebec (applies predominantly to private law: the common law (referred to as a judge-made law system) Charter of rights and freedoms came about in 1982 (not retroactive) A) to the parliament and government of canada in respect of all matters within the authority to the yukon territory and northwest territories; and. B) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province. Scope of the charter: dolphin delivery. Purolator forces employees not to work, lock out union and contract out their current jobs to third party smaller couriers, including dolphin delivery. Court order (injunction) violation of unions charter rights (freedom of expression, and violation of their freedom of association)
