POLSCI 3FR3 Lecture Notes - Lecture 2: Douglas College
15 May 2018
School
Department
Course
Professor
Thursday, January 18, 2018
3RF3 Charter of Rights & Freedoms
Hypothetical Case!
-Do you know the law? and have you applied that to the set of facts and come to a
decision !
-Set out the facts set out the law then analyze it in relation to your case!
-Identify the relevant material and how it applies, !
-Did you get the legal test right!
-did you apply it to the facts of the case!
•Facts!
-Court mandatory diversion program!
-All the patients were sent by the government!
-To receive state funding they have to provide particular treatment !
-Opens possibility to private funding- employment & insurance!
-
•Issue!
-What is the issue?!
•Does the Charter apply?!
•Law/Analysis!
-32 1(a)(b)!
-The charter applies only to legislatures and to government !
•Pridgen v. Calgary The tests came from this case!
•Tests are:!
-Legislatures: Are they the provincial legislature? Is this parliament? Is it a
committee or something of the legislature, law passed by the legislature?!
-Delegation of Statutory Authority: Ramsden/Slaight/Black!
#1
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Document Summary
Do you know the law? and have you applied that to the set of facts and come to a decision. Set out the facts set out the law then analyze it in relation to your case. Identify the relevant material and how it applies, Did you get the legal test right. Did you apply it to the facts of the case: facts. All the patients were sent by the government. To receive state funding they have to provide particular treatment. Opens possibility to private funding- employment & insurance: issue. What is the issue: does the charter apply, law/analysis. The charter applies only to legislatures and to government: pridgen v. calgary the tests came from this case, tests are: No statute- acting under agreement (contractual agreement with the government, not enough to say no) By nature: what makes it look like government: making/enforcing laws, elections, taxation, godbout v. longueuil.
