POL214Y5 Lecture Notes - Lecture 8: Henry Morgentaler, Advocacy Group, Negative And Positive Rights
Document Summary
How the charter affects canada"s constitutional order: centralizing, legalizing, americanizing, no right is absolute, centralizing: property and civil rights are under provincial right charter is above all prov. Laws, provinces vary within their own rights, but court cases in the supreme court will depend on the charter: legalizing: political life is more subject to what the courts do. Courts try to stay in harmony with public opinion. Many policy issues will be resolved in court. This is a drawback we can change our politicians, but we cannot change our lawyers/judges: americanizing: tradition, social order, community, recognizing group rights do. Charter focuses more on individual rights which is similar to american constitution. Canada still has monarchy, strong provincial govt. , bicultural. Charter cases: oakes test, 1986, askov, 1990, vriend, 198, singh, 1985, morgentaler, 1988, borowski, 1989. Charter and other rights cases: montfort hospital/baie-d"ufre, 2001, gosselin, 2002. Single, on welfare, under 30, unable to make welfare payments.
