Law 2101 Lecture Notes - Lecture 5: Constitution Act, 1982, Supremacy Clause, Arbitrary Arrest And Detention
Document Summary
Ki(cid:373) = read (cid:271)ut do(cid:374)"t reall(cid:455) (cid:374)eed to (cid:373)e(cid:373)orize. Protection of individual rights and freedoms (civil rights) These are the rights that the state has to respect. 1867 british north america act: similar in principle to uk constitution, long tradition of recognizing civil rights. Inherited common law system protecting civil liberties, distinct from the bill of rights: common law = if statute takes away a civil liberty, courts cannot provide protection, parliamentary supremacy, ex: japanese internment camps during wwii. 1948 un declaration of human rights. 1960 canadian bill of rights (federal legislation applies to federal laws only/federal jurisdiction: provinces followed suit with human rights legislation. 1982 constitution act, 1982 (included the charter: s. 52(1) supremacy clause, the government has to be consistent with the charter, charter is, constitutional, applies only to government, provincial legislation is, quasi-constitutional. Life, liberty & security of person: 8. Right to an interpreter: s. 15 equality, s. 1 reasonable limits.
