POLI 101 Lecture Notes - Gender Equality, Hashish, Section 33 Of The Canadian Charter Of Rights And Freedoms
Document Summary
Give legislature the authority to limit them. No legislation can be immune from certain charter provisions. Applies to section 2 and section 7-15. Included to protect system where there was no limit to legislature power. Based on the belief that the legislature is the best judge of own limits. There are limitations to the scope of rights (not absolute) Section 33 tool: can write laws that do not have to adhere to the charter (rare) Section 1 tool: limits rights reasonably, providing the standard of democratic society is met. Note: midterm grades on vista (if you haven"t received your hard copy) mark is recorded as a number out of 35. Double check to make sure the percentage on your midterm corresponds with this number. Canadian charter is a modern bill of rights . Legislation can operate notwithstanding or in spite of charter rights. Sections such as section 28 (gender equality) are not subject to notwithstanding clause.
