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Lecture

POL337Y1 Lecture Notes - Henry Morgentaler, Orthodox Judaism, Kirpan


Department
Political Science
Course Code
POL337Y1
Professor
Radmkovic

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POL337 The Canadian Constitution
Lecture 17
Prof. Radmkovic
Feb 12 2013
IS.SP
Announcement:
Class was canceled last week, please let me know when the make-up date is.
Freedom of Religion
R. v. Big M Dug Mart 1985:
PSQ federal Sunday-closing legislation with the purpose of compelling the
observance of Christian Sabbath
Outcome activism
Remedy Invalidation
R. v. Edwards Books and Arts 1986
PSQ Ontario Sunday-closing legislation with a secular purpose of providing a
common day of retail workers.
Outcome restraint
Syndicat Northcrest v. Amselen 2004
PSQ Condominium by-law prohibiting “construction of any kind” on balconies vs.
the right of orthodox jews to build temporary dwellings during a religious festival
Outcome activism
(In favor of religious minorities)
Remedy Exemption for practicing laws
Multani v. Commissions scolaire 2006
PSQ - school board decision prohibiting a Sikh student from wearing a kirpan tp
school. Outcome - activism Remedy - invalidation
Section 7.
- Fundamental justice, life and liberty etc are the terms to consider. It leads to
potentially large scope for discretion in interpreting fundamental
justice.   
- Entitlements: the right to life, liberty, and security if the person.
Qualifications: the principles of fundamental justice.
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