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POLS 2300 (142)
Lecture 2

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University of Guelph
Political Science
POLS 2300
Tamara Small

POLS 2300: Canadian Government and Politics Week 2: The Charter of Rights and Freedoms Rights - Entitlements that citizens can claim against the state and other citizens - Help to point out the things that the government cannot do and also points out things that the government must do, obligations Types of Rights - freedoms (negative) o freedom from o Requires other parties including the government to refrain from doing something - protections (negative) o the idea that they require some party (the state) to protect us from harm, search and seizure - benefits (positive) o obligations to do something - individual - collective o duty owed to a group of people by virtue to their being apart of that group Rights Before Charter - British parliamentary system protects rights and individual freedoms o Common law and parliamentary supremacy - Canadian Bill of Rights (1960) o Included equality rights, freedom rights, smaller than the bill we have now o Ineffective – it wasn’t entrenched, you could just change it, it was a bill of the federal parliament, it didn’t apply to the provinces, it didn’t challenge the principle of parliamentary supremacy o Drybones – the only case the bill of rights shot down Primacy - The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect Enforcement - Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances (sec 24 (1)) Rights and Freedoms - Fundamental freedoms (negative, individual) – freedom of religion, speech, assembly, press, association - Democratic rights (benefits, positive, individual) – rights to vote, run as a candidate, sit in a legislature - Mobility rights (benefits, positive, individual) – idea that you have the ability to move from province to province and seek employment there - Legal right
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