POL214Y5 Lecture 6: Lecture Oct. 31
Document Summary
11d argues that you are presumed to be innocent: under drugs act you"re presumed guilty. Courts said that reasonable requires that the law conform with an important policy objective. If you"re going to violate a right, it has to be proportionate to what the objective of the law is. i. e. there has to be a rational connection. Universal declaration of human rights (1948: many things in the canadian charter are taken word for word from udhr. Parliament: this is an example of disappointing scc rulings, the court denied there was an implicit bill of rights in the 1867. Canadian bill of rights (1960: property and civil rights under provincial jurisdiction, cbr only applied in the territories and federally regulated industries, they were outside of provincial powers. Bliss v. a. g. canada (1979: bliss was pregnant, wanted benefits in unemployment act denied, brooks (1989) overturned, schachter (1992) Duff doctrine (1938: longest serving judge in scc, alberta press case.
