LAW 529 Lecture Notes - Lecture 1: Section 33 Of The Canadian Charter Of Rights And Freedoms, Legal Tests

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Peter Wilson

Document Summary

Solving a legal question: looking at the facts and applying the legal tests: find out if there is a duty of care owed (would a reasonable person conclude that a person would be affected by the act. Other types of complaints would be dealt with by separate officials or tribunals. Courts would also handle appeals from tribunal decisions or if the tribunal was unreasonable. The charter does not apply to private matters (i. e. you can discriminate in your private life, as long as it doesn"t relate to the government) Notwithstanding clause- only applies to sections 2 or 7 to 15 of the charter. If parliament wants to avoid the application of 2 (fundamental freedoms) or 7 to 15 (legal rights clauses and equality sections) of the charter in a statute. Quebec has used this notwithstanding clause to get preferential treatment of the. The charter guarantees the rights and freedoms set out subject only to reasonable limits (i. e.