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Lecture 3

SOSC 1910 Lecture Notes - Lecture 3: Section 33 Of The Canadian Charter Of Rights And Freedoms, Economic System, Canada Health Act


Department
Social Science
Course Code
SOSC 1910
Professor
Dorathy Moore
Lecture
3

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Wednesday, September, 19. 2012
Monika Lewicka
AP SOCS 1210 Human Rights in a Socio-Legal Context
Lecture no. 3
Hierarchy of Law (The Pyramid Divided into Three)
Outline
Preface: Democracy and Human Rights
1. The Conversion of the Human Rights Principles into Law in Canada
2. Human Rights; The Translation Process
a) Constitutional Rights
b) Human Rights Code
c) Ordinary Statutes
Law is backwards looking -> Judges look back
Everyone is subject to the law. No one is about the law.
Relationship between political decision and __________________ .
Relationship between democratic idea of social equality and economic systems.
There will always be a difference between people - they will never be equal. Someone will
always be “better”
Democracy is supposed to be about everyone participating.
Legislation - the kind where people can form unions.
Economic system needs to be constrained.
Substantive Equality -> that everyone can participate.
*Moral Principles *
Canada implements to bring everyone home (from the meetings - such as with UN)
International Human Rights to National Laws
-Converted into laws that bind the government
Canada has singed all of the United Nations’ cabinets.
In the absence of a Canadian Law, you can not appeal in any court at all, since one of your
rights is not present, though they are not supposed to be divided.
There are three sections of “laws”. They aren’t really laws, but its a system that we have in
Canada, which tell us who we go to if we have a case - who’s responsibility it is.

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1. Constitutional Law
-Used by the Supreme Court of Canada (only)
-Recog, of the recognition of law
-Section 15.1
-Equality Section
-“Every individual is equal under the law”
-The foundation of the Rule of Law
-Provides
-Government under the law
-Meaning that the government must obey.
-Hierarchy of Law (this is a ranking system)
-Laws are ranked according to their importance.
A. Constitutional Law
B. Human Rights Code
C. Ordinary Statutes
Represents all of the laws that we have in Canada
Constitutional Law provides us with which level of government has control over
which responsibility.
The Constitutional Law has the Canadian Charter entrenched in it - meaning that it is there to
stay and will not being going anywhere, any time soon.
-It has power which no other law has.
-It can knock down or strike down any law / legislation that has been passed by the government
that has violated our rights.
-The Constitutional Law keeps our government in check.
-Meaning that our government is under the law (as mentioned before)
-because our government can violate our Human Rights, this makes sure that
they do not - if they do, well, they’re pretty much in shit.
A
B
C
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-Constitutional Law
-“The Big Law”
-Sets parameter(s)
-In it we have the Charter ***
Judges are there that can strike down any legislation
that was passed by the government.
**** IMPORTANT ****
Charter can be used to make a claim against the state or government.
Section 15.1
Section 1 (uses the Oak’s Test) to see if the violation was reasonable.
2 Choices are then made:
1. Strike down the legislation
2. Keep it although it violated one of our rights, but it was reasonable.
-Judges look at the context of where our rights have been violated.
Example:
Section 15 - Discriminate due to age (you cannot be denied a job based on your age).
HOWEVER, the Supreme Court once had a case about this, and mandatory retirements
At age 65 you must retire, regardless of your state (whether you are healthy, or sick).
-> Does this discriminate?
Yes, because it is dealing with the discrimination due to age.
McKinley Case!!!! - Look up, and make sure to grasp the idea of the case.
Will NOT be tested.
Section 1 - Even though it does discriminate on the basis of age, we do have the right to
work.
*** IMPORTANT **
UNDERSTAND / KNOW how Section 1 works.
Section 33 -> Notwithstanding clause.
Pretty much what the prof said, was, if a case is heard by the Supreme Court, and a certain
legislation is decided that it should be striked down, the provinces can use this section of the
charter and keep it, without keeping in mind the case that was just on it.
Pretty much the Provinces are giving the middle finger to the Supreme Court of Canada, and
saying “Fuck youuu!!”
*** IMPORTANT ***
UNDERSTAND / KNOW how Section 33 works.
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