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Lecture 4

LAW 201 Lecture 4: LAW201 Week 4 - January 31st, 2017

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LAW 201
Mary Jo Maur

310117 Law201 Week 4 Constitutional Law: the Charter Constitutional Rights in the Charter Protect fundamental rights and freedoms they provide expressed written rights and freedoms Constrain government interference with these rights they operate as a constraint as to how governments can illustrate their rights they put a restraint on the power of government institutions government is also constrained with the executive branch if a public official has some sort of discretion, they have to do it in a way that respects charter law Are subject to limits they have an explicit claus that provides for charter rights section 1. provides that the rights listed in the charter are guaranteed section 33. not withstanding claus allows governments in some places to invoke the rights of the legislatures this claus doesnt apply to the right to vote, or to minority language rights Application of the Charter To Government some people wanted the charter to apply all the time, whereas some people thought the charter should apply directly to certain powerful institutions, like corporations the courts early on restricted it to government they looked at the actual text itself to see if it applies, section 32., it applies to legislature and matters of the legislature (government and matters in their authority) courts look at that provision and see how it limits the charter in that sense courts arent directly subject to the charter some cases in the US believe that the existence of the court order was close enough to the government that it would apply to the charter Canada doesnt apply this and says its too invasive government is involved solely when theres legislation Boundaries of Government: Is a University Government? McKinney v. University of Guelph (1990 University created by statute had a mandatory retirement policy when they got to the age of 65 they wanted to actually use the charter directly to adjust its mandatory retirement policy the court said maybe we should think of universities as government universities have statutes that create them and allow them to exist Supported with government funding they run because they have lots of public funding Subject to government regulation theyre heavily regulated
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