LAWS 1000 Lecture Notes - Wicket-Keeper, Indian Act, Insite
Document Summary
Sources of law i precedent and statutes, interpretation and confusion. The charter: entrenched , major shift in powers from leg. to judiciary (change in canada s legal culture - russell (more nxt wk too!, increasing litigiousness of canadians (link to christie?, less deference to authority (increasing liberal values - think mill!). What about post-911 fear culture (g20 : principal of judicial review (expanding, less political and more trustworthy , dominance of the common law system means even more role for judges (and dominance of legal. History of the charter: bill of rights (1960, in part a response to undhr (1948, not entrenched, only applied to fed leg and reg, first signs of the parliamentary supremacy vs. Judicial activism debate (more to come: application of the bofr was patchy and inconsistent (eg. drybones (1970) & lavell (1973) cases- equality and the indian act) ***if you feel like your rights have been violated you could bring a charter challenge.
