Political Science 3332F/G Lecture Notes - Lecture 5: Peter Hogg, Parliamentary Sovereignty, John Hopcroft
3 Feb 2019
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1/3 of questions will be about the provisions of charter. The oakes vest was modified by: justice bastarche. Which is not listed in the ccrf as a ground for discrimination: sexual orientation. Which section of charter covers mobility rights: 6. Judicial restraint judges should only judge - should only act within the parameters of the constitution. Judicial activism: judges should look beneath constitution for underlying meanings. Every judge has to deal with the vagueness of laws and rights - its upon them to give those words meaning. Hopcroft believes this is wrong - scc has final say. Political context matters on how courts operate. Charter was a compromise - trudeau was mad about notwithstanding clause. Did not come into effect until 3 years after charter - s32. This was to give provinces time to change laws to adhere to s15- s16. 1 - official languages of canada equality rights.
