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POLB50Y3 (205)
Lecture 9

POLB50 Lecture 9.doc

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University of Toronto Scarborough
Political Science
Christopher Cochrane

POLB50 Lecture 9 November-08-12 3:09 PM Cue Column: Note-Taking Area: Charter of Rights • Canada liberal democracy ○ Democracy --> liberal demo • Limited Gov't  Limited gov't: System of gov't where gov't powers limited  Citizens have final say  Signature achievement of Western liberal society  Nobody can tell you what to do; it is right  Parliamentary supremacy: will of parliament is will of supreme gov't ○ Constitutional Supremacy  Federal system of gov't  Source of gov't power independent of any other power  Neither level subordinate; need something above both □ Constitution serves it  Supreme law of land  Can legislate on issue  If feds can't legislate, province can; and vice versa  Subject to gov't regulation  Rights tie hands of gov't □ 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 ○ Bill of Rights (Canada)  60s: outlined freedoms  Problem: wasn't constitutional doc; regular piece of legislation □ Can change it anytime □ If conflicted with another piece of gov't  No say of one conflicting the other  1970 court case □ Court used this to override  R.v. Drybones ◊ Aboriginals can be drunk off reserves  Interpret it in such way; legal reasoning □ Can't be conflicted with one another  Bliss vs. Canada □ Denied benefits (unemployment) □ Worked for period of time, Took maternity leave; when returned, fired □ Denied of these benefits  Discriminated pregnant women --> gender discrimination? ◊ Court said no  Discrimination based on ○ Pierre Trudeau pregnancy  Canada have final control  2 goals □ Goal 1:  BNA Act 1867 ◊ Act creating Canada ◊ Had to ask British gov't, had to ask them □ Goal 2: POLB50 Page 1 ◊ Act creating Canada ◊ Had to ask British gov't, had to ask □ Goal 2: them  Entrench bill of rights to protect individual freedoms  Enshrine in Constitution something that all Canadians agree with  Proposed Victoria Charter □ Victoria Charter of 1971 (fail)  Goal 1: patriate constitution  Goal 2: entrenchment of Bill of Rights □ Tricky with taking control of Constitution  Can't just be changed
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