PSYC 268 Lecture Notes - Lecture 2: Ultra Vires, Precedent, Section 33 Of The Canadian Charter Of Rights And Freedoms

• School: Simon Fraser University
• Department: Psychology
• Course: PSYC 268
• Professor: Deborah Connolly

Document Summary

Division of power: ultra vires: outside the jurisdiction of body that passed the law, 1867 constitution act, s. 91 enumerated fed power, s. 92 enumerated prov power (most prosecuting, enforcing crim and civil law) Charter: 1982 constitution act, supreme law of canada: cannot be overridden by statute/ common law, notwithstanding clause: an infringement can be demonstrably justified in a free, democratic society. Impossible to anticipate and articulate each circumstances that may trigger legislation or give explicit directions on how to proceed. Common law: law derives from previous cases. Court structure: doctrine of stare decisis (i. e. let the decision stand) Judges are bound to decide like cases alike. Restore the injured party to the pre-injury state. Charter: criteria of which human rights protection law applies. Identity of alleged discriminator a: nature of discrimination b. i. Involves prohibited grounds listed in a human rights act heard under federal/ prov human rights acts b. i. 1.