WDW101Y1 Lecture Notes - Gonorrhea, Voyeurism, Secondary Sex Characteristic
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29 Jan 2013
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For declaring legislation unconstitutional there is a 2 steps process. The 2 steps are different then any other section of the code. The first step is there any violation or infringement at all does a legislation that we are talking about as a crime does it some how infringe or violate one of the rights that you have under the charter. 1. is it vague, 2. does it violate s. 2b of the charter of rights, right to freedom of expression. s. 163. It is not any thing to do with sex but is broadly define that is undue exploitation or in the content of expression is sex coupled with crime, horror, cruelty and violence. The conclusion of the consenting minority judges that is not the law. There is sitting 7 judges at them moment at supreme court of canada because there is vacancy 2 but they can also sit 5. Odd number count the majority they win the majority.
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