LWSO 203 Lecture Notes - Section 33 Of The Canadian Charter Of Rights And Freedoms, Jury Trial, Parliamentary Sovereignty
Document Summary
Constitutional act 1982 including the canadian charter of rights and freedoms: constitution act 1982 3 key functions. Set of written/unwritten principles that are the framework for our society. Senator and harper government still look at the 1867 constitution (abolish the senate is this constitutionally allowed?). That constitution is still alive these days, and the government is trying to figure out how to deal with it. S. 91 federal gets to make decisions, 92 provinces get to make decisions. Double aspect/affect doctrine whatever level government you are, if you can find a link to your heads of power, then you can legislate in that area. So some aspects of the law could link to the provincial and federal side. Sometimes therefore both levels of government can have a say in the matter (for example environment). Pyth and substance true nature and purpose of your legislation. Intravieries other level of government has already occupied the field and legislated in the area.