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Carleton University
Journalism and Communication
JOUR 2501

COMM 2501 AJOUR2501thJanuary 17Common law based one past presidents not codified judge made lawThe Canadian charter of rights and freedomsThe Canadian charter of rights and freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society Because it constitutionally guarantees certain rights implies that these freedoms are absolute cannot be limited Sets limits on the rights and freedoms as long as these are reasonable prescribed by law demonstrably justified in democratic society The guaranteed freedoms are not absolute they can be limited to protect other rights Freedom of religion press expression fair trial rights legal rights all these are absolute would not make sense where would you be Someone needs to make a judgment of which right is more important than the other right Limited by legislation by laws that are reasonable limits on those guaranteed rights 1982the charter was established in April of 1982 the queen signed constitutional documents Gave Canada its charter of rights Charter is organic document that can be modified and emended as we evolve as a society Charter caused funadament changed on how we look at govt and the law And how govt looks at its citizens and how the legal looks at citizens Prior to the charter we had legislative parliamentary supremacy meaning the provinces or the federal govt were supreme in the fields of legislative activity that was granted to them by section 9192 old bma act Legislative authority or rights or the respective govts and as long as they legislative within their fields of their authority they could not be touched and the courts could not do anything Jurisdiction This level of govt had the power to legislate in the area which was a focus of that legislation Ex if provincial gvt acted criminal laws they were said to be beyond the powers of the legislation Power of the fed govt only the fed govt could legislate in the area of crim law If the fed govt that passed a law having to do with education for ex it would be judged by the judges to be ultra viries of the prov govt neither govt could step on eachotehrs toes as long as they legislated in the area where they were in power to do so the courts couldnt make a judgement that changed tho in 1982 gave the courts the power to make judgemtns on the quality qulatitavily of legislation whether provincial or federalConstituionaly guarntees these rightsJurisdiction is important still but the difference is even id it validly passed intraviaries sp within the power of the legislation of parliament See cases in CUlearn Guaranteed rightsSection 2 fundamental freedomsSections 35 democratic rightsSection 6 mobility rightsSections 714 legal rights 11d presumption of innocenceopen trial right to be tried in an open and unprejudiced court Section 15 equality before and under the law meaning that you have equal rights in Alberta as you would in PEI Ontario etc The rights are national So you cant have a law that allows one law there and not in another province Other important sectionsSection 1 limitation clause these rights are guaranteed but in certain contextcircumstances can be limited But the limitation has to be a reasonable one Justifiable in democratic societySection 24 enforcement judicial reviewSection 32 applicationSection 33 notwithstanding clauseSection 52 primacy of constitution whether laws are constitutional or not2 Everyone has the following fundamental freedomsaFreedom of conscience and religion
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