Law 2101 Lecture Notes - Lecture 5: Arbitrary Arrest And Detention, Supremacy Clause, Fundamental Justice

• School: Western University
• Department: Law
• Course: Law 2101
• Professor: Mysty Sybil Clapton

Document Summary

Civil rights: idea that one has a right to do certain things in society. Human rights (in regards to the state) is inherent, universal, interrelated, interdependent, indivisible. Right and obligation to recognize that right, specifically on the state. We have the common law approach but not a law (bill of rights us) Common law: if statute takes away a civil liberty, courts cannot provide protection. Inherited a similar common law system protecting civil liberties. Stems from recognition that nazi"s took these rights away from people. Federal legislation: applies to federal jurisdiction only, only federal laws. Provinces started followed suit with human rights legislation. Application: state activity and government, police, government agencies, municipalities. Things that do not apply: hospitals, universities. Thought, belief, opinion, expression; freedom of the press. S. 4 house of commons have limit of 5 years. S. 7 criminal proceedings: life liberty security of purpose except in the accordance of fundamental justice. Charter is vague, not ambiguity - expression