POLI 101- November 9.docx

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Department
Political Science
Course
POLI 101
Professor
All Professors
Semester
Spring

Description
THE CHARTERWednesday November 9NOTE Midterm Grades on Vista if you havent received your hard copy Mark is recorded as a number out of 35 Double check to make sure the percentage on your midterm corresponds with this number Charter Review Canadian Charter is a Modern Bill of Rights There are limitations to the scope of rights not absoluteSections 1 and 33 outline limitations Give legislature the authority to limit them Section 33 tool Can write laws that do not have to adhere to the Charter rare Section 1 tool Limits rights reasonably providing the standard of democratic society is metNotwithstanding Clause Section 33 Legislation can operate notwithstanding or in spite of Charter rights Applies to section 2 and section 715 Protects legislation from charter Included to protect system where there was no limit to legislature power Based on the belief that the legislature is the best judge of own limitsSections such as section 28 Gender equality are not subject to notwithstanding clause No legislation can be immune from certain Charter provisions Fundamental freedoms and legal rights all subject to the notwithstanding clause Use of notwithstanding clause Legislature has to explicitly authorize use Notwithstanding clause can only be applied to legisl
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