HLST 2020 Lecture Notes - Lecture 7: Health Human Resources, Headache, Health Care In Canada
27 Mar 2016
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Document Summary
Was inspire by the american bill of rights. Ordinary act of parliament it can be change or abolished. Rights votes and freedom were missing in the original. Quebec has to abided by the constitution even though they refuse to sign the. Many initiatives have failed to bring quebec back to the constitution. Section 14 and 15 most important in the charter since it is the basis for health rights structure. Section 16: would have protected fetal rights but failed. Arguments were overall narrow and many provinces were arguing that if quebec gets distinction then all provinces wanted the same. It allows the court to continuously strike down on the unconstitutional laws. Gives new power to the court and exclude more evidence in the trial. Charter - related questions to the courts: government may raise questions of rights by sampling submitting references. Does it violate section of the charter. Changing the scopes of rights to fit the broader intention.
