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POL337Y1 Lecture Notes - Sexual Orientation, Security Certificate

Political Science
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POL337 The Canadian Constitution
Lecture 16
Prof. Radmkovic
Jan 29 2013
1. Declaratory Relief
- Flexible
- Stating what the rights are for the case leaves options to the parties of
how they will go about in addressing the claim
- They are more deferential and less activists than remedies.
- For that reason they can be attractive to the courts. Judges do not have
the power to implement that decision. When they start shooting
remedies, they will ignore them.
2. Injunctions
- As a remedy, injunctions are inflexible and specify certain breach of rights
- Suggests rights
- Less flexible and more demanding
- Enthusiasts of civil liberties and rights protection regime will say they are
also better and healthier for a right protection
Remedies regarding the rulings of statutory unconstitutionality
- Nullification or striking down
o Invalidated law
o Judges are becoming more involved with policy making. That
factor pushes them to diversify
o Standard use of Canadian charter
- Severance and partial invalidity
o Well-tuned to the policy environment they are facing
o More vague than traditional
- Interpreting
o They do not changing the words but the judges just reinterpret the
meaning of the words although the words are the same
o Redefining spanking: Canadians didn’t want to be stripped of
rights to spank children. Many people believed that good bringing
of kids is spanking.
- Reading
o Adding words, not through interpretation but actual words
o For example, they added Sexual orientation to discriminatory
- Constitutional exemptions
- Temporary suspension of invalidity
o National security certificate regime under the Immigration Act
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