LWSO 203 Lecture Notes - Section 33 Of The Canadian Charter Of Rights And Freedoms, Jury Trial, October Crisis

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Constitutional Act 1982 including the Canadian Charter of Rights and Freedoms
1) Constitution Act 1982 3 Key Functions
a) S. 52: Constitution is the supreme law of Canada
b) S. 38: Amendment procedure
c) Part I: Canadian Charter of Rights and Freedoms (1867)
2) Canadian Charter of Rights and Freedoms
a) S. 1: Guarantee of rights subject to some limits
b) Limits must be:
i) Prescribed by law
ii) Demonstrably justifiable
iii) Reasonable in a free and democratic society
c) Oakes test: the two-part legal test for determining if a government action limiting
a right or freedom is saved or justified under s. 1
i) Pressing and substantial objective test: Is the objective of the government
action of sufficient importance to warrant overriding a Charter right?
(pressing and substantial)
Eg. Possession of narcotics
ii) Is the means by which the objective is met reasonable and proportionate
Is the means rationally connected to the objective?
Does it impair the right as little as possible?
Do the negative effects of the violation outweigh the importance of the
objectives?
-is the objective fair and reasonable?
-it must limit the right as little as possible
-are the negative consequences worth it?
Oakes: Possession with the purpose of trafficking
-Thought the fact that he had to prove he was not possessing with the intent of trafficking
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-Double aspect doctrine: certain areas of law can be linked to provincial head of power and
federal (e.g. environmental areas)
paramountcy: federal government overpowers provincial legislation
Secs. 91 & 92
Patriation of Constitution:
1851-Statute of Westminister
Protection of Human Rights (and minority groups) within nations
-civil rights movement in USA
-1948 Declaration of The Rights of the Person
-Canadian Bill of Rights
-Quebec’s desire for Sovereignty (1960’s-1970’s FLQ Crisis)
-Aboriginals, minority and Quebecois were looking for protection of rights
Constitution:
Pt.1 CCRF
Pt.2 Aboriginal and Treaty Rights
3) Fundamental Freedoms S. 2 of CCRF
-core to our being and democracy
-personal views define who people are
-key to a functioning democracy
-negative right: somebody doesn’t have a duty to provide to you (Sec. 2 are negative)
-positive right: someone has a duty to provide to you
a) Freedom of conscience and religion
-Religious beliefs
-Conscientious beliefs that aren’t religious
-Right to openly declare beliefs and without fear of reprisal
-The right to manifest those beliefs through worship, community worship with
others
- Freedom of thought, belief, expression, including freedom of the press
-debate issues in public
-freedom of the press
-freedom to express it through any forms
expression: an activity that conveys or attempts to convey meaning except acts or
threats of violence
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Document Summary

Constitutional act 1982 including the canadian charter of rights and freedoms: constitution act 1982 3 key functions, 52: constitution is the supreme law of canada, 38: amendment procedure. Part i: canadian charter of rights and freedoms (1867: canadian charter of rights and freedoms, 1: guarantee of rights subject to some limits. Limits must be: prescribed by law, demonstrably justifiable, reasonable in a free and democratic society. Possession of narcotics: is the means by which the objective is met reasonable and proportionate. It must limit the right as little as possible. Thought the fact that he had to prove he was not possessing with the intent of trafficking. Double aspect doctrine: certain areas of law can be linked to provincial head of power and federal (e. g. environmental areas) paramountcy: federal government overpowers provincial legislation. Protection of human rights (and minority groups) within nations. 1948 declaration of the rights of the person. Aboriginals, minority and quebecois were looking for protection of rights.

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