POLS 3136 Lecture Notes - Lecture 4: Canadian Human Rights Act, Tobacco Advertising, Marshall Rothstein

• School: York University
• Department: Political Science
• Course: POLS 3136
• Professor: Khashayar Hooshiyar

Document Summary

Lecture 4 - fundamental freedoms-freedom of expression: related closely to section 1-reasonable limits, fundamental freedoms: essential to the maintenance of democracy. Section 2: freedom of conscience and religion, freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication, freedom of peaceful assembly, freedom of association. S1-reasonable limits: gives the government power to limit freedoms and rights. The oakes test: it is the result from the 1986 case of r v. oakes, created by the supreme court of canada, the purpose: interpret section 1 of the charter of rights and freedoms. Pressing and substantial - for the sake of society, of a democratic society, etc. : reverse owness violates the presumption of innocence- section 11b of the charter. 1: proportionality test: using 3 sub tests: Minimal impairment of the violated charter right-as little as possible a.