SOSC 2351 Lecture Notes - Lecture 15: Judicial Activism, Visible Minority, Equal Protection Clause
27 Feb 2018
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Lecture #15 - canada and the rights revolution. Canada had signed the udhr in 1948. Bill of rights proved to be a weak document with insufficient protection. Provincial premiers would not agree to its application to provincial laws. Ex: restricting voters rights and employment opportunities for visible minorities) Canadian bill of rights was not higher law. Under the charter, the scc has the power to strike down legislation that violates the charter. Bill of rights (1960) first federal human rights law in canada. "right of the individual to life, liberty, security of the person and enjoyment of property" and right to "due process", or basic procedural fairness. But like any legislation, these laws can be repealed/changed. Only with the charter were human rights protected in the written constitution. Bill of rights vs. charter of rights and freedoms. Charter takes priority over all other legislation. Part of the "supreme law of canada" Applies to all government action (provincial legislatures and parliament)
