CRIM 135 Lecture Notes - Summary Offence, Indictable Offence, Small Claims Court
25 Feb 2013
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Document Summary
24 (2) allows the government to violate rights if it would not disrepute the government. Money is rarely given as a form of compensation under 24 (1) Violation of rights usually results in court injunction which tells government to stop doing whatever they"re doing. Violation of rights may result in exclusion of evidence. Honest mistakes are allowed, however bad faith (violating charter rights intentionally) is an exclusion. Anyone that has the authority of is part of the legislature, they are all considered to be government, and so charter applies. Universities are not part of government -> low degree of control. Colleges are part of government -> more degree of control than university. Allows government to override certain charter rights. Rarely used, since people will be very unlikely to vote for the government again after violation of rights. Federal government + two third of the provinces that represent at least 50% of the population is required to amend the constitution.
