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(Lect 1) History of Charter of Rights 2013-09-15.docx

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York University
Social Science
SOSC 3360
Jonathan Rudin

History of Charter of Rights September1513203 PM Reading Charter of Rights History of Charter Judicial Reviews The terms of the Charter is very vague In conflict between the judicial branch and the governmental branch political views and civil liberty No protection of property and due process of law The sections of the charter frequently comes into conflict with each other and other respected values of society oSection 1 explains that it is only within reasonable limitsbut who is to decide this oRole of Section33 Notwithstanding Some issues are purely political and not suitable for judicial decisions to be madeCanadian History Understanding the background and where we got to the Charter of Rights The process was torture and difficult Canada is a Federation oTwo levels of government Federal and Provincial and territorial governments Britain passed a law that gave Canada is independence oThe British Parliament passed BNA Act of 1867Divided the powers between the Federal and the provincial governments Found in section 91 of the BNA Act Section 91 Federal Immigration Military Criminal law Money Postal servicesTrades Census Banks Indians and land reserves Divorce Tariffs POGG Peace order and good government Section 92 ProvincialEducation Licensing Property and civil rights Fines Provincial taxes Highway Traffic ActThe Federal laws cannot make provincial laws etc All the powers were found either by the Provincial or the Federal jurisdiction
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