PPAS 2110 Lecture Notes - Lecture 6: Parliamentary Sovereignty, R V Drybones, Negative Liberty
Document Summary
The entrenchment of the charter in constitution act of 1982 is one of the most significant developments in 20th century canada. 1-political civil liberties (freedom of religion, association, expression, assembly and the right to vote) 2-legal civil liberties (rights associated with arrest, trial procedures and punishment). 3-egalitarian civil liberties (equality of access, equal treatment, and an absence of racial, sexual and other illegitimate criteria of discrimination). Civil rights (18th century), political rights (19th century), social rights (20th century --- assumed but not entrenched in law). Civil rights protection in canada: three distinct eras. The courts and civil liberties of minorities: 1867- 1960; no impressive records. Federalism review: was to some extent helpful in indirectly protecting civil rights. The codification of the various common laws and statutory laws. Out of 34 bill of rights cases decided by the scc, the rights claimant won in only five cases.