LWSO 203 Lecture Notes - Section 33 Of The Canadian Charter Of Rights And Freedoms, Jury Trial, October Crisis
25 Mar 2013
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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.
