POLS 3140 Lecture Notes - Lecture 2: Constitution Act, 1982, R V Drybones, Indian Register

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11:30 am: constitutional law (top) --> statute law --> common law, difficult to change (amend) the wording of the constitution (1982 - nothing has changed since then) Judicial policymaking power grows as constitutional law expands: addition in 1982 expanded constitutional law. Indian act violated equally provision of bill of rights: because he was treated differently than a non - status indian. Because penalties potentially more severe than those for non - indians: canada v. lavell (1976, lavell and b dard: two status indian women who married non - status men. Rights. (not over stepping boundaries: how would you remedy this problem, put charter in constitution, change the legal judicial culture. Pass a law that violated fake news, anyone who intentionally publishes this is jailed. Internally qualified rights: s. 7 life liberty and security of a person and the right not to be deprived thereof except in accordance with the principles of fundamental justice, s. 8.

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