POLS 3136 Lecture Notes - Lecture 4: Judicial Interpretation, Blackletter, Reference Question
5 Oct 2016
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Protection of multiculturalism is more important than free speech and hate. Judicial review of legislation that conflicts with the charter: to do this we need to review section one of the charter, american and canadian distinctions when it comes to limiting rights, narrow interpretation. For our purpose we are using section 1. Section one is a bit ambiguous and general: how do we decide whether or not the courts decide to hear cases, when rights become controversial, when it"s necessary to define what a definition or a term means. This is very different from conservative approach which says that the scc should only review law with a mind to black letter. This idea of originalism or black letter is problematic because it says that the bor, charter, or constitution means we aren"t human beings as in it"s impossible for humans to abstract outside the context we live in.
