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LWSO 201 (30)

LWSO201 - CCRF_13.doc

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Law and Society
LWSO 201
Marywyatt Sindlinger

Canadian Charter of Rights and Freedoms 1) Key concepts a) constitutional democracy and judicial review - the ability and authority of the courts to overrule actions of the government as a means of upholding the constitution and protecting minority rights even where that undermines the principles of democracy, majority rule, and political accountability b) legal liberalism – maximizing the realm of personal action into which the government cannot tread 2) Section 1: rights are not absolute but are subject to reasonable limits prescribed by law and which are demonstrably 3) S. 2: a) fundamental freedoms of conscience and religion, thought and expression, peaceful assembly, and association b) applies to EVERYONE 4) S. 3-5: democratic rights a) Applies to citizens 5) S. 7: right to life liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice a) Principles of fundamental justice are both procedural and substantive: i) Full disclosure in criminal matters ii) Right to make full answer and defence iii) Unbiased decision maker iv) Substantially – incorporated rule of law v) Applies to everyone 6) S. 8: right to be free from unreasonable search and seizure 7) S. 9: right not to be arbitrarily detained or arrested 8) s. 10: rights on arrest or detention: a) informed promptly of reason b) retain and instruct counsel and to be informed of this right 9) s. 11: rights once charged: informed of charge without reasonable delay tried within a reasonable time not to testify against yourself presumption of innocence reasonable bail jury trial in certain circumstances valid law double jeopardy benefit of lesser sentence 10) s. 12: right not to be subject to cruel and unusual punishment 11) s. 13: witness’ right not to have testimony used against him 12) s. 14: interpreter 13)S. 15: equality rights a) S. 15(1) - right to be equal before and under the law and the right to equal protection and benefit of the law without discrimination based on the enumerated and analogous grounds b) S. 15(2) – affirmative action c) purpose: recognize the innate human dignity in every person and refrain from treating a person as less worthy because of personal factors d) Formal and substantive equality e) Discrimination vs. Distinction f) Enumerated and analogous grounds g) Government action – s. 32 14) Enforcement – s. 24 Remedies: Strike down a portion Strike down a section Read in Suspend operation of the decision Fruit of the poison tree Charter Application – s. 32 Federal and provincial governments Territorial and Municipal governments Government boards, commissions, and tribunals Notwithstanding Clause – s. 33 3 ideas underlining the charters • constitutional supremacy (gov. is subject the laws of the constitution - constitution is supreme) • constitution governs government action - places restriction
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