Law 2101 Lecture Notes - Lecture 3: Day Law, Supremacy Clause, Unemployment Insurance Act 1920
3 May 2018
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Tuesday, September 12, 2017
Law 2102 — Charter of Rights and Freedoms —
Enforcing Charter Rights
Quick Review!
-Know Section 52 — Supremacy of Constitution !
-Important in light of 1982 — partition!
•Charter of Rights and Freedoms !
•What does the Charter protect!
How does a charter case happen?!
-Protection of individual rights and freedoms!
•It involves the state (s.32)!
-If NFL said that you have to stand during anthem, it is not charter case!
-If Government Says you do, it may be!
-Can arise in ordinary law enforcement of existing laws!
•Argument that law being enforced is unconstitutional how law is being enforced is
unconstitutional!
•The enforcement of that law may be search and seizure!
-Police have the right to do it but must have proper warrant!
-Can challenge law that has been enacted!
•Might be provision on the books that you may think it violates your rights even if it
has never affected you!
•Lords day law said you can't operate on Sundays. Big M pharmacy said violates
our religious beliefs!
How does a Charter case happen?!
-State enacts law banning listening to Nickleback in all public places!
•In ordinary law enforcement, can challenge a charge for listening to Nickleback in
the park!
•Or can challenge the law before being charged, this law violates my right to have
freedom of expression.!
$1
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Tuesday, September 12, 2017
Parties to a Charter Case!
-Person making claim v. State!
•Person is the plaintiff/ applicant the state (attorney general) is the defendant/
respondent!
•Looks like other litigation and has same challenges as other litigation!
•Although we have the rights, but do we have the money/ability to bring a suit
forward!
-Legislation presumed to be constitutional!
•Always assume or nothing would get done!
•If court agrees that rights have been violated, it is on the government to show that
the infringement is justified!
-Kroeger (Plantiff) v Attorney General of (Challenging nickel back law)!
•Doesn't mean if Kroeger wins that it is final, there can be appeals!
-If Attorney General Appeals, they become the appellant and Kroeger becomes
the respondent!
-Now imagine Attorney general wins the appeal. If Kroeger appeals this, then he
becomes appellant again !
-Courts will also look into standing = have to be affected by law!
•If I am really offended with the way your boss treats you, I cannot sue your boss!
-You need a reason to have case!
1. Serious question of constitutionality!
2. Plaintiff directly affected or has genuine interest in the law!
3. No other means to bring before court!
-Interveners: Participates in Charter case!
•Can be a lot at stake: Often a case is about more than dispute between plaintiff
and state!
•Typically advance different argument to case!
•Decision about who can intervene can be political!
-Trinity Western University had interveners allowed and disallowed on case about
hate speech!
$2
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Law 2102 charter of rights and freedoms . Know section 52 supremacy of constitution. Important in light of 1982 partition: charter of rights and freedoms, what does the charter protect. Protection of individual rights and freedoms: it involves the state (s. 32) If nfl said that you have to stand during anthem, it is not charter case. If government says you do, it may be. Can arise in ordinary law enforcement of existing laws: argument that law being enforced is unconstitutional how law is being enforced is unconstitutional, the enforcement of that law may be search and seizure. Police have the right to do it but must have proper warrant. Can challenge law that has been enacted: might be provision on the books that you may think it violates your rights even if it has never a ected you, lords day law said you can"t operate on sundays. Big m pharmacy said violates our religious beliefs.
