Lecture June 9.doc

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15 Apr 2012

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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,
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