LS202 Lecture Notes - Indictable Offence, Constitution Act, 1982
5 Mar 2013
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Document Summary
Charter of rights and freedoms was created under the constitution. Parliament/legislation can repeal or enact any law it chooses reasonably. Defines roles of different laws and how they work together and mechanisms for how they can be change. Something is beyond federal or provincial governments power and can override parliament. If judge sees application of law is improper can send back to parliament to redraft. Done less frequently, judge adds a few words in legislation. Police/government investigators have power to search and seize property when needed in prosecution and the investigation of crime. Charter secure against unreasonable search and seizure . Very specific ways that police can do searches without warrants because don"t want police to have too much power. Have charter rights to be free from seizure, but sometimes need to search if contains evidence related to crime. Obtaining search warrant may take too long. Search cannot be done in an abusive fashion.
