POLSCI 3FR3 Lecture 10: 3RF3 10-2
15 May 2018
School
Department
Course
Professor
Wednesday, March 21, 2018
3RF3 Charter of Rights and Freedoms
Section 1 !
-ASSIGNMENT: Search of the car is mainly whats relevant, house is not irrelevant !
-Rights infringement, then is infringement consistent with free and dem society?!
ā¢almost all charter ļ¬ghts come down to sec. 1!
-
-Limits Prescribed by Law? Then Reasonably Justiļ¬able in a Free and Democratic
Society (OAKES: TWO STAGE TEST is the purpose of the infringement pressing and
substantial, and proportionality, proportionality has three stage test: rational
connection, minimal impairment, proportionate eļ¬ect )!
-Government has to pass all ļ¬ve, has to get yes on each, if not gov loses and has to
fashion remedy !
-Limits Prescribed by Law (Little Sisters Book and Art Emporium)!
ā¢is there a power contained in constitution or common law that the government has
the power to pass this law to do this action, if yes then they pass this stage (only
time it may be questionable is if there is some degree of discretion upon a state
actor, but even then if there is a standard, it is prescribed by law)!
-Reasonably Justiļ¬able in a Free and Democratic!
ā¢Purpose of the Infringement is pressing and substantial (RJR Macdonald)!
-must be the purpose of why the law infringes upon someones right!
-not the purpose of the law itself !
ā¢Proportionality !
-Rational Connection (Oakes/Benner (will treating womenās children abroad
diļ¬erently accomplish avoiding national security threats then born of men)!
ā¢Will what the government has done to this purpose accomplish what it set out
to?!
$1
Oakes
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Document Summary
Assignment: search of the car is mainly whats relevant, house is not irrelevant. Rights infringement, then is infringement consistent with free and dem society: almost all charter ghts come down to sec. Then reasonably justi able in a free and democratic. Society (oakes: two stage test is the purpose of the infringement pressing and substantial, and proportionality, proportionality has three stage test: rational connection, minimal impairment, proportionate e ect ) Government has to pass all ve, has to get yes on each, if not gov loses and has to fashion remedy. Reasonably justi able in a free and democratic. Oakes: purpose of the infringement is pressing and substantial (rjr macdonald) Must be the purpose of why the law infringes upon someones right. Not the purpose of the law itself: proportionality. Minimal impairment (government must try to infringe as little as possible in the circumstances (of the law), not the punishment, its the prohibition (law prohibits this act) (edwards books)
