PHIL 230 Study Guide - Final Guide: Henry Morgentaler, Endangerment, Linking And Intrusive R

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21 Mar 2015
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Soci 250: canadian charter of rights and freedoms. Passed with the constitution act 1982 = supreme law of canada. All legislation and government must meet requirements of charter and constitution. Dictate relationship between state and individual: guarantee individual rights, inalienable. Laws subject to legal interpretation by judges (not static) Empowers judges to declare laws invalid if they violate charter rights: r v. stinchcombe (1991) right to disclosure of evidence collected by crown and police, to make complete defense. Charter used to guarantee the rights of those who committed crimes. Can appeal conviction if can prove that charter rights were violated: r v. morgentaler (1988) invalidated controversial abortion laws. Violated women"s constitutional right to bodily integrity. Job of crown and prosecution to convict people who have committed crimes (not accused) Job of defense that legal rights and protections of defendant are respected.

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