Nov 19 2012
Courts don’t get involved in the principle of responsible Gov. because it’s prerogative.
Religious and gender rights: ex- the women not able to get a guy cut by a Muslim barber
at a parlor. It’s a rights issue. In order for it to be an issue, it needs to be the government
violating it. It’s a personal matter, so the Go can’t get involved.
Another ex- eldrige was a deaf man who felt discriminated that the ppl in the hospital
can’t communicate with him through sign. The gov did get involved. The hospital was an
extended arm of the Gov. thus it is a Gov. issue.
1. The CRF & the stnstitutional order
The 1 way is that it was centralizing, Americanising and legalizing.
The charter now legalizes nationally. It contributes juditializing politics.
Testing cruise missiles was harming the safety of the individual.
Some political issues are being judicialized
What about well fair payments. Should they be determined by the …
The charter in the sense of legalizing Canada’s political life expands liberty by
Legalizing Canada’s political order may be a draw back.
Judges r unelected and unaccountable.
The charter contributes to centralizing and legalising and Americanising the
constitutional order and the charter
How Americanising?- peace order and good government. There is a hierarchical
structure of responsible Gov.
Back then there was priority given to group interest instead of the individual. But
the charter is full of liberal and individualist values and clams of individual and
value rights. This framed the American constitution.
Crown immunity- is gone. Now we see life, liberty
The framework of the charter is conceptually American. In 405 of its ruling in the
80s we leaning toward American ruling. But now it has gone diff ways.
We have become more liberal b/c of the charter.
We have responsible and U.S has congressional Gov.
The charter points in the American direction. But not really- freedom of speech!
192- brooks- Canada’s rejection of hate propaganda vs. freedom of speech.
America says diff- as long as there is not physical threat to groups.
So the charter challenges the supremacy of parliaments but it also
2. The CRF, Power and the political process
The charter transfers some rights to individuals and groups. This is a downward
shift in power. There is also some authority shift from legislature to court. So this
is a lateral shift in power, so the courts are gaining power. The 3 way the
charter affect the power was changing the political view of people. We all have access to the charter. Another way the charter affect the political
process is that it made Gov more conscience about the type of law they make
and drafting legislation. They have to charter proof it
The way the charter influences interest groups is to go to the courts. This is how
gays got the right to marriage and women got the right to abortion. The 6 way th
it influence the political power is that now b/c we have charter rights, when a
group goes, the charter encourages non-territorial. What applies to one
province, applies to all when it’s taken to court.
Thus, individuals and groups are implicit to the constitution.
There is also political significance in terms of political dualism. The charter
undermines a compact view of what Canad