POLI 101 Lecture Notes - Lecture 12: Arbitrary Arrest And Detention, Habeas Corpus, War Measures Act

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Ability to ignore evidence found through unjust means. Any rights or freedoms that have been recognized by the royal proclamation of october. Any rights or freedoms that now exist by way of land claims agreements or may be so acquired. Over 1000 charter cases per year in canada. About 25 per year by a superior or supreme court. Over 50 federal laws challenged under charter. Courts have grown in strength vis- -vis the elected legislatures. Governments extremely reluctant to use sec 33 (disuse?) Weakens the ability of government to take away rights when government feels threatened. It was felt that this was needed due to weakness of system when faced with crisis: October crisis: flq, war measures act, 1970. 1963 nationalism in quebec took a violent turn with front de liberation du quebec (flq) Committed hundreds of acts of terror in quebec including bombings and murder. In october 1970 kidnapped the british trade commissioner in montreal and the quebec.

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