CRIM 135 Lecture Notes - Lecture 4: Constitution Act, 1982, Henry Morgentaler, Supremacy Clause
6 May 2016
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Topic #4 the canadian constitution (part 2) Negotiating constitutional change: historical context, the amending formula impasse. The oakes test, gov must pass all parts in order to violate a right in a reasonable limit: sufficiently important legislative objective (addressing a. R. v. oakes (1986)(scc) (b) section 2: fundamental freedoms. Freedom of expression: rjr-macdonald inc. v. canada (1994)(scc) Freedom of religion: r. v. big m drug mart (1985)(scc) (c) sections 3-5: democratic rights. The right to vote: sauve v. canada (2003)(scc) (d) section 6: mobility rights. 1 (e) sections 7-14: legal rights apply to everyone in canada. R. v. morgentaler (1988)(scc)-abortion decriminalized in 1988. No legal restriction now, go to funded clinic. Psychological liberty-means able to make fundamentally important decisions for ones life-change course of ones rights. Security of a person-torturing people-doesn"t usually happen, what does happen-not allow to go to washroom or eat-police brutality.
