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POL214Y1 (215)

Charter of Rights and Freedoms

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Political Science
Victoria Wohl

Canadian Politics: Week 8 J November 2 , 2010 nd Possible test questions: Different faces of federalism over the years. How courts have influenced the evolution of federalism. Charter of Rights and Freedoms (CRF) 1. Judicial Review of The Constitution - The Constitution requires interpretation, role of courts - Words, especially in the Charter, are elastic - ZZ} }L]}L]L[o]Z}Z} ]}o}o7Z}]LZ]2}LKL }o }K]L}o[Zo]Z7Z} }KoZ]L2Z}o }K Section 7: Singh (1985) - 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 Section 7 Morgentaler (1988) - Security of the person, can a woman have an abortion without being subject to the rules the government had set up? - ^ ]}ZZ}L]L oZ}KL[Z]2Z}ZL}]}L Borowski (1989) - Everyone including the foetus should have a right to life, liberty, and security of the person - Courts ruled that foetuses do not - 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: o Take it literally o Look at context and spirit o Defer to the legislature, defer to government If government passes a law, go along with it - Canadian courts now appear much more like American courts than British ones
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