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Lecture

Canadian charter of rights and freedoms1z

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Department
Law
Course
Law 2101
Professor
Mysty Sybil Clapton
Semester
Winter

Description
The Canadian Charter of Rights and Freedoms Lecture #1 October 1,2013 What is the charter?  Astatement of individual rights: can be challenged, controversial  Example: a bill of rights, which have stopping powers  Part of the Constitution Act 1982, the supreme law  Azone of protected interest  Supreme over other ordinary laws passed by federal and legislatures  What does it mean to have constitutional status? Section 52  (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.  Bigger and more important than any law passed by any level of government  If something is inconsistent with the constitution/charter, it is of no force or effect; it is void/defunct What does it mean to have a charter right?  Rights create protected zones for people to act  Correlative duty on state not to interfere with exercise of a right  Ex: freedom of speech: government cant interfere with your free speech..unless its beyond a reasonable limit, or its imposing on someone else’s rights or it violates a bylaw  Rights are exercisable up to reasonable limits  Subject to limitation, not certainty  Some rights may require the state to take action to secure the benefit of the right What sorts of rights does the charter protect?  Civil and political rights; first generation rights (typical negative rights that limits the power of government)  2 generation rights: social welfare type rights; things you take for granted  Economic and social rights (such as free education, property protection, unemployment insurance; you have a right to these, but they aren’t charter rights) are not specifically protected  Ordinary rights are those by legislation that can be changed, charter/ crdstitutional rights cannot be changed  3 generation rights: not regulated by rights  Rights are grouped under various headings:  **Fundamental freedoms; section 2 (freedom of association; associate with whom ever you want, freedom of expression – painting pictures, speaking, religion- many different faiths); have to figure out what words mean and apply context to them, and apply them reasonably  Democratic rights; right to vote  Mobility rights; right to move, leave, reenter a country  Legal rights: sec 7,15, criminal law rights; Miranda rights  Equality rights: sec 15  Official Language rights; in certain areas of the country  Minority Education rights Who is bound by the charter? (Who is responsible)  The Charter applies to Parliament and gov
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