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Criminology (2,192)
CRIM 135 (165)

Remedial Rights.docx

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CRIM 135
Graeme Bowbrick

Section 24: - Section 24 is remedy clause - 24 (1) allows for the court injunctions - Injunction = court order - 24 (2) allows the government to violate rights if it would not disrepute the government - Money is rarely given as a form of compensation under 24 (1) - Violation of rights usually results in court injunction which tells government to stop doing whatever they’re doing - Violation of rights may result in exclusion of evidence - Honest mistakes are allowed, however bad faith (violating charter rights intentionally) is an exclusion - Never violate the right to counsel Section 32: - Application of charter - Anyone that has the authority of is part of the legislature, they are all considered to be government, and so charter applies - Universities are not part of government -> low degree of control - Colleges are part of government -> more degree of control than university Section 33: - Referred to as the notwithstanding clause - Allows government to override certain charter rights - Only applies to sections 2, 7-15 - Rarely used, since people will be very unlikely to vote for the government again after violation of rights - Extremely politically harmful - Cannot override democratic rights Amending Formula: - Section 38 contains the general amending formula - Federal government + two third of the provinces that represent at least 50% of the population is required to amend the constitution - At least 7 provinces need to agree Unanimous Consent Amendments: - Section 41 requires federal government and all the provinces to agree - Applies to only few institutions Aboriginal Rights: - Set out in part 2 in the constitution act - Section 35 - Royal Proclamation of 1763 decreed that colonists could not take over aboriginal lands until approval is gained by the king -> meant
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