SOSC 1375 Lecture Notes - Section 33 Of The Canadian Charter Of Rights And Freedoms, Parliamentary Sovereignty, Hash Oil

• School: York University
• Department: Social Science
• Course: SOSC 1375
• Professor: Olena Kobzar

Document Summary

Enacted in the constitution act of 1982. Departure from parliamentary supremacy; major shift of power from the legislative to judicial body. A profound shift of power from the parliament to judicial body. It guarantees all canadians rights to liberty, equality under the law, and freedom of religion, expression, association and peaceful assembly . Regulates relationships between government and a person (people) Courts interpret rights as they are set out in the charter. Charter- deliberated by a small exclusive, largely homogeneous group of people. Preamble to the charter whereas canada is founded upon principles that recognize the supremacy of god and the rule of law. Rights are fundamental , but they are not absolute . Governments can only proscribe limits that can be demonstrably justified in a free and democratic society. 33: the notwithstanding clause (only applies to sec. 2, 7-14 and 15) *: v. oakes (1986)