SOC323H5 Lecture Notes - Lecture 4: Narcotic Control Act, Liberty Media, Strip Search

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15 Jun 2013
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Lecture 4 canadian charter of rights and freedoms 1982. Most important pieces of canadian constitution, guarantees basic rights and freedoms unites and defines in commonality of rights. Purpose: limit state intrusions protection from power of state particularly those not part of majority. Represents controversial shift in power moved it away from legislature (those who write law) onto courts courts decide if law upholding rights of charter; if violating in unjustifiable way, then can strike down law. All federal and provincial legislation is subject to the charter** Room for interpretation being read in for charter amendment requires long process: unanimous decision from all provinces; judges are creative in interpreting to apply to today s context. Judge s job now to ensure any laws imposed by government are consistent with. Charter (only federal or province; personal interactions are not protected must refer to ontario legislation for person to person contact) charter applies to agents of the state (police)

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