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Lecture 9

Lecture 9 – November 16th 2010.docx


Department
Political Science
Course Code
POL214Y1
Professor
Nelson Wiseman
Lecture
9

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Lecture 9 November 16th, 2010 Charter of Rights and Freedoms
The CRF’s contribution to Canada’s constitutional order:
Centralization
Legalization
Americanization
o Influenced more by classical conservative (tory values) ideas than the US
Hierarchy/authority/tradition rather than liberty/equality/reason
Overshadowed by Charter
Before charter = crown immunity
49% of cases sited American cases
Vriend v. Alberta (1998)
College coordinator who was gay and got fired after coming out of the closest
Supreme court said Alberta human rights commission discriminated
Montfort Hospital + Baie D’urfe (2001)
Hospital was to merge
Hospital is only French speaking hospital
Oakes Test (1986)
Caught with hash
The CRF’s Affects The Distribution of Power and the Political Process:
1) Rights transferred from legislatures to individuals and groups (downward)
2) 2) Some authority transferred from legislatures to course (across)
3) Change in public’s political consciousness (Charter Canadians)
4) Legislatures/Govts. More conscientious in legislation
5) Interest group behaviour
6) Promotion of non-territorial objectives
R. v. Askov
Charged with extortion
Trial was delayed
Defendant asked for a stay for unreasonable delay
o Institutional problems
Negative Liberties Positive Rights: Gosselin v. Quebec (2002)
Positive rights = claim of entitlements
o Right to fair trial
o Right to an interpreter
o Right to counsel
Gosselin
o 1980s creating incentives for people on welfare
o Quebec passed law that said if you are under 30 and you are on welfare, welfare payments
will be cut by 2/3 if you refuse to take a designated work training program (school) left
with 1/3 of welfare
o Violates security
o Gosselin turned to the streets
Discriminated b/c of age
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