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POLS 110 (391)

March 25, 2013- The Judiciary.docx

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Political Studies
POLS 110
Jonathan W Rose

The Judiciary Judicial Review: Canada and US  Canada o 1982-present: judicial review under the Canadian Charter of Rights and Freedoms o Also for the purpose of adjudicating the federal arrangement o However, not full judicial review o Judicial review in Canada is limited by  Section 1 of the Charter  “Reasonable limits” o Have to be justifiable and prescribed by law o Gives government powerful tools to limit the role of the courts in expanding individual rights  Section 33 of the Charter  Notwithstanding clause o Subsection 3 limits section 33 to 5 years as all parliaments have a 5 year limit o Re-enactment is possible according to subsection 4 o “Legislative override” used by Quebec Saskatchewan and Alberta  Quebec, 1982-1985: all laws invoked section 33 as a protest at the patriation process  Saskatchewan, 1986: to protect back-to-work legislation for striking public employees  Quebec, 1988: after Supreme Court found that the law prohibiting languages other than French on signs was unreasonable in a free and democratic society o Quebec passed this legislation again and used section 33  Alberta o Bill 26: Institutional Confinement and Sexual Sterilization Compensation Act, 1998  Did not want citizens with disabilities or mutations passing on the genes to offspring; were sterilized  On March 10 1998 section 33 was invoked to prevent victims from further suits (more than just the package given by the government)  The next day Bill 26 was withdrawn as it was heavily criticized o Bill 202, Marriage Amendment Act, 2000  Defines marriage as being only between male and female; section 33 invoked to prevent possible Supreme Court involvement  Expanding the sc
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