SOSC 1375 Lecture Notes - Section 33 Of The Canadian Charter Of Rights And Freedoms, Hash Oil, National Post
26 Nov 2013
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A profound shift of power from the parliament to judicial body. It guarantees all canadians rights to liberty, equality under the law, and freedom of religion, expression, association and peaceful assembly . Regulates relationships between government and a person (people) Courts interpret rights as they are set out in the charter. Rights are fundamental , but they are not absolute . Governments can only proscribe limits that can be. Demonstrably justified in a free and democratic society. 33: the notwithstanding clause (only applies to sec. David edwin oakes found with 8 x 1 gram vials of hash oil and in cash. Reverse onus: mr. oakes had to prove that he wasn t a drug dealer. 1: reasonable limit: prescribe by law limitation must be part of law, the objective of the law must be pressing and substantial, proportionality: Proportionality: balancing the negative effect of limitation with positive effects of the law on society.
