Class Notes (922,511)
CA (542,864)
UTSG (45,890)
POL214Y1 (223)
Lecture

The CRF and the Constitutional Order

4 Pages
75 Views

Department
Political Science
Course Code
POL214Y1
Professor
Victoria Wohl

This preview shows page 1. Sign up to view the full 4 pages of the document.
Canadian Politics: Week 9 - November 16th, 2010
Possible Exam Questions:
Discuss judicial review of the constitution, not just the charter but also the federal principle. How courts
interpret the two.
The CRF and the Constitutional Order
- Contributed to centralization, legalization, and Americanization of the constitutional order
1. Centralization
a. Charter has nationalizing effect, has great implications for Supreme Court decisions
b. Contributes to harmonizing rulings in Canada, uniform standards when it comes to civil
liberties, civil rights
c. Under federal principle, provinces are responsible for civil rights and property
i. Under charter these laws are subject to judicial review
ii. Before, could have different rights existing in different provinces
d. Example: Vriend vs. Alberta (1998)
i. Vriend was a gay lab coordinator, when he comes out, college fires him
ii. s]v]uu]oÇP}}o[uv]PZ}uu]]}vo]u]vP}ZÀ
been discriminated against by employer
iii. ]v[Ç]voÁZv[]]u]vP]vst based on sexual orientation
iv. Vriend takes Alberta human rights commission all the way to Supreme Court,
}µov[lZ}ooP}}µµ}(ZoovP}vZ
v. ^µu}µµo}vs]v[Zo(U]v}ZZƵo
orientation, because what the court says becomes constitutional law, it is now
because the court ruled that it is, and it is so everywhere in Canada
vi. }ooP]oo}v[ZÀ}Z]PÇv}Z]vP]vZZo]u]Z]PZ
and privileges of religious schools
1. CZ}o]^Z}}o}}v[ZÀ}Z]v}v-Z}o]](]}v[
want to
2.
- French language rights have done much better in the courts than English language rights
o Montfort Hospital + Baie-[h(~îììí
o Francophone teaching hospital and Montreal suburb
o Ontario government decided to shut down the Montfort Hospital as small hospital more
efficient to merge it with other hospital
o French language groups went to Supreme Court and argued against as they were the
only French language hospital in Ontario
o Court of Appeals agreed, ruled on side of minorities, still have Montfort Hospital,
government turned down
o Quebec government ruled that all communication in Baie-[h(ÁZ]ZÁ]u]
Anglophone had to be done in French
www.notesolution.com

Loved by over 2.2 million students

Over 90% improved by at least one letter grade.

Leah — University of Toronto

OneClass has been such a huge help in my studies at UofT especially since I am a transfer student. OneClass is the study buddy I never had before and definitely gives me the extra push to get from a B to an A!

Leah — University of Toronto
Saarim — University of Michigan

Balancing social life With academics can be difficult, that is why I'm so glad that OneClass is out there where I can find the top notes for all of my classes. Now I can be the all-star student I want to be.

Saarim — University of Michigan
Jenna — University of Wisconsin

As a college student living on a college budget, I love how easy it is to earn gift cards just by submitting my notes.

Jenna — University of Wisconsin
Anne — University of California

OneClass has allowed me to catch up with my most difficult course! #lifesaver

Anne — University of California
Description
Canadian Politics: Week 9 - November 16 , 2010h Possible Exam Questions: Discuss judicial review of the constitution, not just the charter but also the federal principle. How courts interpret the two. The CRF and the Constitutional Order - Contributed to centralization, legalization, and Americanization of the constitutional order 1. Centralization a. Charter has nationalizing effect, has great implications for Supreme Court decisions b. Contributes to harmonizing rulings in Canada, uniform standards when it comes to civil liberties, civil rights c. Under federal principle, provinces are responsible for civil rights and property i. Under charter these laws are subject to judicial review ii. Before, could have different rights existing in different provinces d. Example: Vriend vs. Alberta (1998) i. Vriend was a gay lab coordinator, when he comes out, college fires him ii. I]L]KK]o2}Z}o[ZZKL]2ZZ }KK]ZZ]}L o]K]L2}Z been discriminated against by employer iii. ]L[Z]LoZ L[]Z ]K]L2]Lst based on sexual orientation iv. Vriend takes Alberta human rights commission all the way to Supreme Court, }oL[lZ }oo2} } Z} ZooL2}L Z v. ^K }o}LI]L[ZZo7]L}Z ZZo orientation, because what the court says becomes constitutional law, it is now because the court ruled that it is, and it is so everywhere in Canada vi. }oo2Z]oo}ZL[Z}Z]2ZZL}Z]L2]LZ Zo]K]ZZ]2ZZ and privileges of religious schools 1. CZ}o] ^ Z}}o }}ZL[Z}Z]L}L- Z}o] Z]]}ZL[ want to 2. - French language rights have done much better in the courts than English language rights o Montfort Hospital + Baie-[D~ o Francophone teaching hospital and Montreal suburb o Ontario government decided to shut down the Montfort Hospital as small hospital more efficient to merge it with other hospital o French language groups went to Supreme Court and argued against as they were the only French language hospital in Ontario o Court of Appeals agreed, ruled on side of minorities, still have Montfort Hospital, government turned down o Quebec government ruled that all communication in Baie-[DZ] ZZ]K]o Anglophone had to be done in French www.notesolution.com
More Less
Unlock Document


Only page 1 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit