POL 224 Lec with midterm information Nov 21, 2012 .doc

8 Pages
114 Views
Unlock Document

Department
Political Science
Course
POL224Y1
Professor
Rodney Haddow
Semester
Fall

Description
POL 224 Lec Nov 20, 2012 Midterm -focus on lecture, supplement with readings pertinent to lectures -core argument from course pack readings (author names) -content from beginning to next weeks lectures Canadian Charter (1982) -British parliament amends BNA act and grants Canada to make its own constitution -BNA and common law tradition in Canada -we formerly relied on common law -post 1982, written constitution -1960, Bill of rights -only applied to federal jurisdiction -not intrenched in constitution -ensured certain Canadian rights but were subject to courts -it was just one statute alongside other statutes, not above the others -one statute cannot override another -so we were still left to common law for the most part -Trudeau liberalism vs Quebec violations -pre-1960, Quebec was very catholic -padlock law prevented other religious sects from holding meetings -same with the communist groups -violations of the freedom of religion and thought -Trudeau hated these violations The Charter (1982) -Fundamental Freedoms (negative rights) (section 2): freedom of conscience, religion, belief, association -non-discretionary -effects both federal and provincial -not just a statute POL 224 Lec Nov 20, 2012 -Democratic Rights (positive rights) (s. 3-5): vote, elections -ensures the right to have an election every 5 years -Mobility Rights (s. 6): enter, move within, and leave Canada; economically disadvan- taged provincial are an exception -Legal Rights (s. 7-14) life livberty and security of the person -right to not be detained for an unreasonable amount of time -not subject to cruel and unusual punishment -unreasonable search and seizure -Language Rights (s. 16-23): -official bilingualism (federal and New Brunswick) (now official; 1969-1982 it was just a statute) -minority education rights if educated in this language in Canada (Canada Clause) -catholics in Ontario, protestants in Quebec -Equality Rights (s 15 and 28): -section 15: equal protection and benefit of the law but gov ay assist disad- vantaged individuals or groups -ex. Ontario creates a minority early education program in a particular part of Toronto -section 28: rights guaranteed equally to male and female persons -important even though it is somewhat reiterating other gender sections of the charter -feminist movement in Canada at the time had major sway -Section 33 (Notwithstanding Clause) -statute may expressly override sections 2 or 7-15 -feminist movement was so strong that in the 1988 there was a campaign debate that only asked questions about women during the campaign -women got a higher level of security by having section 28 included and not being touched by section 33 -statute lapses after 5 years POL 224 Lec Nov 20, 2012 -Trudeau’s gamble was that in the end people won’t use this -political compromise because the opposition opposed the charter -turned out to be mostly true -Section 1 (reasonable limits Clause) -all rights guaranteed are subject only to reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society -paradox: US has no section 33 but Canadian Supreme Court now more activist -we have limits that Americans don’t have but the Canadian courts are more activist than American ones -willingness to use the constitution to override government legislature -these are the clauses of the Charter, if a statute abuses it, we’ll put it down The Courts -if a statute violates civil rights, its put down -British tradition of common law -1982, comes the entrenched legal document -has the supreme court been consistent? -not necessarily bound by your own precedents -other than a few cases like the right to form a union, its been mostly consistent -Fundamental Freedoms -Big M Drug Mart (1985): Lord’s Day Act violates freedom of Religion -stores in Ontario didn’t want to be forced to stay closed on Sundays -only a Christian norm -Edwards Books and Art (1986): but day of rest legislation is legitimate -supreme court said its fine since it doesn’t explicitly refer to religion -government wanted to protect family values with one day off -Ford vs Quebec (1988): banning english on signs violates freedom of expression but PQ used section 33 -guy had english and french on his store sign -Ford found guilty in Quebec -not a language rights issue, does not involve public signs or education POL 224 Lec Nov 20, 2012 -freedom of expression is being violated (section 2; not subject to notwithstanding clause) -went to supreme court -when constitution was passed in 1982, big fight -Trudeau left power but then returned -only new brunswick and Ontario were agreeing without the the notwithstanding clause -everyone else said no; had demands -Trudeau went straight to London and asked the Queen to sign it anyway -everyone else said he couldn’t do it; supreme court said he needed a con- sensus, not necessarily from all 10 but definitely not from just 2 provinces -all agree except Quebec -Queen signed it and everyone was subject to it especially Quebec because they never actually agreed to it -today Quebecers like the charter as much as anyone else -Supreme Court did not let Quebec deny Ford his right to expression -however they later passed a law saying both languages can be used but French has to be predominant on the sign after several 5 year lapses -Keegstra (1990): CC provision against willful promotion of hatred is valid section 1 -provision in the crimial code that denies people the right to engage in willful pro- motion of hatred -Keegstra was a teacher t
More Less

Related notes for POL224Y1

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit