POL 2101 Lecture Notes - Lecture 4: Section 33 Of The Canadian Charter Of Rights And Freedoms, Parliamentary Sovereignty, National Symbol
23 Jan 2019
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Di erent categories of rights, political, legal, civil, economic. Quebec city censored, but federal government said you cant do that its not your jurisdiction. Centered on trudeau"s liberal ideology and stopping quebec nationalism. It applied to all levels of government and powers that fall in their jurisdiction. Charter is in fact part of the constitution. Judiciary enforces the charter and transformed their role in canadian politics, and has become way more politicized. No economic or social rights in the charter, mostly political, civil and legal rights. Certain rights can be interpreted of forms of economic rights, but they do not exist. Rights are not alienable under the charter: courts can in fact see that a law that goes against the charter but sometimes it is reasonable to limit the law (for example polygamy) Section 1 preamble that permits governments to limit rights: reasonable limit clause. Governments can"t just say its reasonable, they need to be rational and proportional.
