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Lecture 9

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University of Toronto Scarborough
Political Science
Christopher Cochrane

thPOLB50 Lecture 9 November 8 2012Part 8 The Charter of RightsCanada is a liberal democracy When we use democracy we use liberal democracy The power of the government is limited Canadian limited governmentLimited governmentgovernment power exercised on the bases on the peoples will o Theres a sphere of human activity which the government cannot control where this sphere have the final say FreedomThere are laws in place which protects your rights from the sphere of human activityo Ex People have a right to smoke even if majority say that smoking is badParliamentary supremacy no higher power than the parliament It is the supreme will of the government In Canada power is granted from the constitution The Federal system of government needed an independent branch that was above the two levels of government which created the constitution We partly have a constitutional supremacy Theres always one legislature to legislate on an issue I have a right to do this and no one can stop me American has a rights document in their constitution in 1791o Second Amendment is right to bare weapons for Americanso Third Amendment is protecting you from forcing soldiers to your hometh o 4Amendment unreasonable seizuretho 5 Amendment right of process of law right to have private propertytho 6 Amendmentright to be tried by a jury A while back Canada did not have a constitutional bill of rights Government could legally violate the bill of rights at that time No government can violate the constitution though In the 1960s Parliament of Canada passed legislation of freedom of religion speech press etc which is called bill of rights The problem was that it wasnt a constitutional document The bill of rights was just a regular piece of legislation Parliament can change it anytime When bill of rights conflicted with another right between the two bills none of them was more supreme than the othero There was a court case 1970s where a court used the bill of rights R v Drybonesthe government passed a bill to prevent aboriginals to be drunk in public which is off their reserves Drybones violated this bill There were no aboriginal reserves in NWT They struck down the law which prevented aboriginals from being drunk because it violated the bill of rights
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