CRM 2300 Lecture Notes - Lecture 3: Miscarriage, Endangerment, Judicial Discretion
8 Apr 2016
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Document Summary
Came into force in 1982 as a part of the constitution act. Empower judges: judicial discretion, if someone brought forth charter challenge (right violated), judges were able to strike down section of criminal code or ask government to replace words/rephrase, clarification or rewrite it. 34 sections: limitation clause (section 1): allows governments to justify certain infringements of the charter rights, section 2-23: rights of canadians. Right to life, liberty, security of person. Presumed innocent until proven guilty: section 24-32: clarifications, section 33 notwithstanding clause, section 34: the 1st 34 sections of the constitutional act, 1982 ma be collectively referred to as the canadian charter of rights and freedoms . Section 7: everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principle of fundamental justice.
