POL214Y1 Lecture : Charter of Rights and Freedoms

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24 Nov 2010
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Canadian politics: week 8 j november 2nd, 2010. How courts have influenced the evolution of federalism. Charter of rights and freedoms (crf: judicial review of the constitution. Words, especially in the charter, are elastic. Non-citizen landed in canada, claimed to be a refugee, asked to leave. Claimed that he was being denied principles of fundamental justice. Supreme court ruled that everyone in the world who sets foot in canada has a right to. Everyone including the foetus should have a right to life, liberty, and security of the person. Constitution making is never complete, constantly evolving, requires interpretation. Courts add flesh and bone to the constitution through the rulings they make. When a court makes a decision it becomes part of the constitutional law in canada. Approach to constitution interpretation: take it literally, look at context and spirit, defer to the legislature, defer to government. If government passes a law, go along with it.

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