PPGC67H3 Lecture : Lecture June 9.doc
Document Summary
After fl2 crisis- 2 referendum in quebec, election of quebecoi, Federalism 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. Charter 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. Morgentaler- perform abortions, not abortion law in canada. Main criticism- charter allows judges to override laws, favour big business, allows leeway by judges, How govt works together to make thing work.
