The CRF and the Constitutional Order

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24 Nov 2010
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,
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
- 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
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