NATS 1675 Lecture 8: L8 When Rights Conflict
4 Aug 2015
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Document Summary
A profound shift of power from the parliament to judicial body. It guarantees all canadians rights to liberty, equality under the law, and freedom of religion, expression, association and peaceful assembly . Regulates relationships between government and a person (people) Courts interpret rights as they are set out in the charter. Rights are fundamental", but they are not absolute". Governments can only proscribe limits that can be. Demonstrably justified in a free and democratic society. 33: the notwithstanding clause (only applies to sec. 2, 7-14 and 15: v. oakes (1986) David edwin oakes found with 8 x 1 gram vials of hash oil and in cash. Reverse onus: mr. oakes had to prove that he wasn"t a drug dealer. 1: reasonable limit: prescribe by law limitation must be part of law, the objective of the law must be pressing and substantial, proportionality: i. ii. iii.
