Lecture June 9.doc

26 views1 pages
15 Apr 2012
June 9, 2010
War measures act
After FL2 crisis- 2 referendum in Quebec, election of Quebecoi,
- after 1995 referendum, reference case, where fed govt pose question and ask for
advice involving this issue. Political issues raised by govt.
- clarity act- fed govt not implement referendum if referendum was not clear
- section 1, reasonable limits- rights in charter are such to reasonable limits can be
justified in a democratic system
- Oakes Case- defined guide line on what were reasonable limits- when reasonable
clause should be applied- govt objectives must be important and means of
overriding rights must be proportional to the objectives
- Section 33 Notwithstanding clause- legislative override
Court decisions
- freedom of expression- bill 101, put up signs only if were in French, supreme
court struck that down, 3rd party advertising- fed govt allows party to limit
budget on elections but sponsors are allowed to use their finances. Legal rights-
Morgentaler- perform abortions, not abortion law in Canada. Chaouille 2005,
overturn purchase of insurance. Important cases.
- Main criticism- charter allows judges to override laws, favour big business,
allows leeway by judges,
How govt works together to make thing work
- Decentralized form of federal govt
- in 1867 disallowance and reservation- powers given to lieutenant govt, time of
confederation- lieutenant governor in charge of activities of local legislature,
Unlock document

This preview shows half of the first page of the document.
Unlock all 1 pages and 3 million more documents.

Already have an account? Log in

Get OneClass Notes+

Unlimited access to class notes and textbook notes.

YearlyBest Value
75% OFF
$8 USD/m
$30 USD/m
You will be charged $96 USD upfront and auto renewed at the end of each cycle. You may cancel anytime under Payment Settings. For more information, see our Terms and Privacy.
Payments are encrypted using 256-bit SSL. Powered by Stripe.