Law 2101 Lecture Notes - Miranda Warning, Official Language, Fanshawe College
13 Mar 2014
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A statement of individual rights: can be challenged, controversial. Example: a bill of rights, which have stopping powers. Part of the constitution act 1982, the supreme law. Supreme over other ordinary laws passed by federal and legislatures. Section 52 (1) the constitution of canada is the supreme law of canada, and any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force or effect. Bigger and more important than any law passed by any level of government. If something is inconsistent with the constitution/charter, it is of no force or effect; it is void/defunct. Rights create protected zones for people to act. Correlative duty on state not to interfere with exercise of a right. Ex: freedom of speech: government cant interfere with your free speechunless its beyond a reasonable limit, or its imposing on someone else"s rights or it violates a bylaw. Rights are exercisable up to reasonable limits.
