CRIM 135 Lecture Notes - Lecture 4: Supremacy Clause, Patriation, Section 33 Of The Canadian Charter Of Rights And Freedoms
8 Feb 2018
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Topic #4 the canadian constitution (part 2) Take away from british power: the amending formula impasse. The constitution act, 1982: introduction, the charter of rights and freedoms (a) section 1: limitation clause (handout #6) Must be in a free and democratic society: the oakes test must satisfy all parts of test to show reasonable limit, sufficiently important legislative objective (addressing a. 1 (c) sections 3-5: democratic rights: the right to vote: sauve v. canada (2003)(scc) (d) section 6: mobility rights (e) sections 7-14: legal rights, r. v. morgentaler (1988)(scc) Arise in the context of specific legal process (investigation and prosecution) Apply when a person is under investigation or prosecution. 1: physical liberty (the right to be physically free) government limits our physical liberty by sending to prison. 2: personal autonomy (one is able to make. Abortions (they must carry a baby for 9 months) Everyone has the right to be secure against unreasonable search or seizure.
