CRIM 135 Lecture Notes - Constitution Act, 1982, Royal Assent, Patriation

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Topic #5 the canadian constitution (part 2) By september 1980- no deal has been reach. April 17th 1982- royal assent given by queen elizabeth to constitution act, 1982. The: introduction, does not replace constitution act of 1867, about 52 sections, divided into 7 parts. Expansion of our constitution: the charter of rights and freedoms (part 1 of the constitution: sections 1-34) Purpose to protect rights and freedoms of canadians: reasonable limits reasonable decided by judges (a) section 1: limitation clause telling us we have these freedoms, but subject to limits. If government wants to succeed under section 1: arguing what they"ve done was a reasonable limit, they"d have to do the oakes test. 1: what is the rational connection between the charter violation/ achieving that important objective, must demonstrate how limiting the charter right allowed you to achieve that objective, minimal impairment (of the charter) Even with 1 joint you"d be consider as a trafficker!

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