ADJ-1 Lecture Notes - Lecture 14: Section 33 Of The Canadian Charter Of Rights And Freedoms
26 Oct 2020
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Document Summary
The way in which a right is interpreted does not necessarily determine the protection it provides. All charter rights and freedoms are in theory subject to section 1, which allows the establishment of reasonable limits on them. The protection ultimately afforded by a right will be determined by section 1. Interpretation is not scientific: it is up to reasonable people to decide and disagree upon. Judges don"t just follow precedent when interpreting constitutional law: precedent probably has the least force in interpreting constitutional law, the charter should be a living tree". Able to adapt and change with society. Police cannot authorize a person not bound by the charter to commit a charter breach and then benefit from the breach: police are not allowed to breach the charter. In a free and democratic society, this is a reasonable and justifiable limit on a right. If the court says the limit is unjustified, we have a charter breach.
