POLB50Y3 Lecture Notes - Lecture 9: Section 33 Of The Canadian Charter Of Rights And Freedoms, Freedom Of Movement, Patriation Reference
Document Summary
Limited gov"t: system of gov"t where gov"t powers limited. Parliamentary supremacy: will of parliament is will of supreme gov"t. Source of gov"t power independent of any other power. If feds can"t legislate, province can; and vice versa. Can do it, no one can stop it from happening. Canada respects rights; but gov"t could legally violate them. Enshrining bill of rights, deviates point of parliamentary supremacy. Problem: wasn"t constitutional doc; regular piece of legislation. Worked for period of time, took maternity leave; when returned, fired. Had to ask british gov"t, had to ask them. Entrench bill of rights to protect individual freedoms. Enshrine in constitution something that all canadians agree with. On and que veto over constitutional things; if 1 didn"t agree, can"t change. Alberta had to sell cheap to on, que. Levesque wanted to be able to opt out of programs and receive compensation. Courts say feds have legal right to, but not convention.