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POL2101 (222)
Lecture 13

The Charter of Rights and Freedom.docx

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Political Science
Luc Turgeon

The Charter of Rights and Freedom Key terms • Parliamentary supremacy vs. Constitutional supremacy • Charter of Rights and Freedom • Notwithstanding clause • Reasonable limit clause Reminder: Key distinction • Parliamentary supremacy o Parliament is the ultimate source of authority o In Canada, we always had limited parliamentary supremacy  1982: we moved from this to this • Constitutional supremacy o Constitution is the ultimate source of supremacy o Entails judicial review  Whatever the governemtn desides then it must go through this • Canada has made the transition from (limited) parliamentary supremacy to constitutional supremacy Before the Charter: The Canadian Bill of Rights • Adopted by the Conservative Party o More “conservative” view of the Canadian political community • Contained many of the rights that would be in the Charter o Freedom of speech, religion, life, liberty security • Significant limits o It was more an oriantational document no real force in court • Limited impact The Constitution Act of 1982 and the Charter of Rights and Freedom • Constitution Act of 1982 o Part 1: Charter of Rights andFreedom: trudeau dream o Part 2: Rights of Aboriginal Peoples o Part 3: Equalization o Part 5: Procedure for Amending the Constitution  Must be past by the senate and the House of Commons. You need at least 2/3 of the provinces to agree which has the support of the 50% of the provinces and the representation of the population. 10 provinces have to agree and it’s impossible to do without Quebec and Ontario.  Third clause: the province and the government that will only affect that area. Bilateral Constitutional Amendment: it was done in New Brunwich, Quebec. • Another reminder: o Constitutional accord signed by all provinces except Québec • But… o It must be
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