POLS 3136 Lecture Notes - Lecture 2: Substantive Law, Statutory Law, Procedural Law
Course CodePOLS 3136
ProfessorDanny O' Rourke- Dicarlo
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POLS 3136 - Lecture 2
Discussing the foundations:
Bill of rights → not the bill of rights,
Why is it important to have it in the Constitution?
Function of our Charter
Why is it important to have the Charter
●Constitution is a master law! By master law we mean there is no higher source of law than
Constitution has 3 sources
1. BNA Act 1867
2. Constitution Act 1982
●Laws and statutes can change with more laws and statutes, but the Constitution can only be
amendment which is difficult
●Constitution cannot be changed
What do these sources in Canada look like?
●Charter codifies your rights and freedoms against government → its function
●Charter protects liberty and rights of citizens from government - actions of government and
●Charter provides limits for creating laws
●It provides limitation for administration and enforcement of law
●Substantive law → creation of law
●Charter deals with procedural law and substantive law.
●Court is not enacted unless we ask it
●Courts don't have a policing function to review all the laws
●Charter can be used to challenge the existing laws
●Search and seizure must be reasonable for police
●Up until the challenge the law is valid
●Deals with debility of law and government action
●Charter is our only insurance
●Charter protects your rights, gives you legal rights before the law
How do you know you have your rights?
- You know that right exists because it's written down
- They have limitations
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