POLS 3136 Lecture Notes - Lecture 11: Labour Law, Ultra Vires, Natural Resource

• School: York University
• Department: Political Science
• Course: POLS 3136
• Professor: Danny O' Rourke- Dicarlo

Document Summary

This chapter is important and unique to us because it falls outside of the charter. So why does s. 35 fall outside the charter: on purpose, because: unlike other rights that are conferred to us by the. Government, (you know you have a right, not a liberty, liberty can be taken a(cid:449)a(cid:455) f(cid:396)o(cid:373) (cid:455)ou, a(cid:374)d a (cid:396)ight (cid:272)a(cid:374)"t. Rights a(cid:396)e (cid:272)o(cid:374)fe(cid:396)(cid:396)ed to us (cid:271)(cid:455) la(cid:449), (cid:271)(cid:455) government: s. 35 gives us a broad definition, Prior to first contact with western colonizers, the assumption is that there were people here who governed themselves. In the absence of any constitutional document tried to band, and govern themselves. We have testimonies who people themselves, bear the onus of proving that the right existed. What test does the court use when a supposed right comes into conflict with the government: that right is nowhere to be found, so it has to be discovered.