POLSCI 1G06 Study Guide - Final Guide: September 11 Attacks, State Terrorism, Parliamentary Sovereignty
9 Sep 2016
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In what ways does the canadian charter of rights and freedoms attempt to balance between. The canadian charter of rights and freedoms was created to protect individuals and their rights. Sections 33 of the canadian charter is known as the notwithstanding clause, which ultimately permits governments to override certain rights and freedoms which are guaranteed by the. This section of the charter also provides elected officials the ability to overrule the courts, should they feel the need to do so exists. Section 33 has the ability to override rights outlined in section 2; fundamental freedoms, Section 1 is the reasonable limits clause, guarantees that the rights of the charter will be fulfilled, however they are not absolute and can be infringed upon should the courts it to be reasonably justified. The court uses the oakes test to justify whether or not a violation is reasonable.
