PSCI100 Lecture : Class 3 - Charter of Rights and Freedoms.docx

• School: University of Waterloo
• Department: Political Science
• Course: PSCI100
• Professor: John Jaworsky

Document Summary

Charter of rights and freedoms: april 17, 1982 entrenched into the canadian constitution, emphasizes individual rights, much impact on criminal courts in canada. Section 1 = guarantee of rights and freedoms. Section 52 - constitution - the supreme law of canada. (any law inconsistent with it = no force and effect) (no longer parliamentary supremacy: individual remedies section 24(1) & (2) - i. e. , can get his/her change stayed or evidence excluded. S7 = life, liberty and security of person. S10 = rights on arrest or detention (i. e. , right to counsel) S11 = rights for person charged with offence. I. e. , tried within reasonable time - i. e. , right to be presumed innocent. I. e. , (b) freedom of expression - i. e. , (d) freedom of association. S19 = use of french or english in courts. S35 = protection for aboriginal rights and treaties. *note: none of these rights/freedoms = absolute, i. e. , parliament or province - could declare a law to operate notwithstanding the charter.