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SOSC 1375 (193)
Lecture

When_Rights_Conflict.docx

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Department
Social Science
Course
SOSC 1375
Professor
Olena Kobzar
Semester
Fall

Description
1 When Rights Conflict Community Consensus: Who decides? Does there need to be a sense of social solidarity? Is there a difference between choosing/not choosing something for ourselves and prohibiting others from making different choices? Charter of Rights and Freedoms (1982): 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) Charter and Democracy: Parliament - democratically elected lawmaking institution. Courts interpret rights as they are set out in the Charter Rights: Rights are „fundamental‟, but they are not „absolute‟ 2 Sec. 1: The Reasonable Limits Clause. Governments can only proscribe limits that can be DEMONSTRABLY justified in a free and democratic society Sec. 33: the Notwithstanding Clause (only applies to Sec. 2, 7-14 and 15) R. v. Oakes (1986) David Edwin Oakes found with 8 x 1 gram vials of hash oil and $600 in cash Reverse Onus: Mr. Oakes had to prove that he wasn‟t a drug dealer Defence: Sec. 8: Presumption of innocence Prosecution: Sec. 1: Reasonable limit 1. Prescribe by law – limitation must be part of law 2. The objective of the law must be pressing and substantial 3. Proportionality: i. Rational connection (absent in this case) ii. Minimal impairment (many Sec. 1 arguments fail to meet this) iii. Proportionality: balancing the negative effect of limitation with positive effects of the law on s
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