POLS 2300 Lecture Notes - Section 33 Of The Canadian Charter Of Rights And Freedoms, Final Analysis, Charter Of The French Language
24 Jul 2013
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Document Summary
In reality, no right or freedom is absolute, there is two reasons: One : rights and freedoms may collide necessitating some compromise. Holmes established the clear and danger test", according to which freedom of expression could legitimately be curtailed when it posed an unmistakable and immediate danger to others. Falsely shouting fire" in a crowded theatre obviously endangers the safety of those in the room. Common sense suggests that there are limits to how far and in what circumstances the principles of linguistic equality and minority rights should apply. Together, section 1 and 33 operate to maintain some measure of parliamentary supremacy over the courts and the charter. Rights and freedoms, are therefore, water tight compartments in reality. Rights for those individuals and group entitlements that are considered so fundamental to human dignity that they receive special protection under the law and usually under the constitution of a country.
