POLS 2300 Lecture Notes - Lecture 6: Henry Morgentaler, Insite
20 May 2016
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Document Summary
Implied bill of rights in our constitutional structure. Alberta press case of 1937- in the great depression the albertans adopted a social credit party. Charter applies to all government action and all canadian governments. It is entrenched (part of the supreme law ) Fundamental freedoms (s. 2) and democratic freedoms (s. 3 to 5) 7-14)- 7= everyone has the right to life, liberty and security of the person. Language rights (ss. 16-22) and minority language education rights (s. 23) Most popular sections of the charter are s. 7 and s. 15. Some identity rights- aboriginals (s. 25, s. 35), multiculturalism (s. 27), gender (s. 28) S. 24 (1)- any remedy appropriate and just in the circumstance . Oakes test minimal impairment (is this most minimally impairing way for the government to achieve their end, good the government done something else that was more rights protecting to achieve their ends) S. 33- notwithstanding clause- only applies to some parts of the charter, every 5 years we have to revisit this clause.
