POLS 3140 Lecture Notes - Lecture 5: Allan Blakeney, Section 33 Of The Canadian Charter Of Rights And Freedoms, Patriation

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Week #4 - notwithstanding clause and dialogue theory. Section 33 - notwithstanding clause: broad and discretionary language, roles of institutions, dialogue theorists (law professors), agency - centered acquiescence reflects lack of legislative desire. Legislative paralysis "institutional in character: non - response is normal responses in certain circumstances, 33 - not a realistic option. Scc - quebec can use it however they want: court of appeal - individually to each law. French can required - but should be allowed to have other languages: marked predominance okay. Can be the biggest: section 33, very complicated component of the decision, what you need to know. Scc okays its use in various forms: prospective, response, blanket, not the end of the ford s. 33. Just listing charter section # is okay: the fallout, bourassa (quebec federalists premier) pressured to use s. 33. Federalist premier, in part elected on promise to limit bill 101: bourassa waits 48 hours, uses s. 33.

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