POL337 – The Canadian Constitution
Jan 22 2013
Section 1 is structured the operation of charter in a particular way. It
- Whether the challenged law derogates from the charter right. Some
people make structure that is associated with modern bill of rights.
- Canadian charter that us enacted across the world is modern in
that sense. Because of this, given that the charter itself explicitly
acknowledges itself and how it is limited by government
In Canada we don't have absolute rights because this charter says so.
- Prof is suspicious of this interpretation because it seems
everything us limited.
- Judges make sure things don't operate in an absolute manner. The
charter of rights and freedom creates new ground for the judicial
review of state action.
US doesn't include such judicial review. It has been the case that it's case
has assumed that role through individual courses. Thus charter of rights
and freedom is much more powerful and policy-laden form of judicial
review. Section 1 which is supposed to help supreme court which is ok
and not ok is also exceedingly vague.
Impact of charter of rights and freedom Given this potential of civil
liberties, there is potential for "policy making" impacts.
- What kind of impact does it gave on Canadian politics?