POLI 221 Chapter Notes - Chapter 191-220: Parliamentary Sovereignty, Section 33 Of The Canadian Charter Of Rights And Freedoms, Fundamental Justice
21 Nov 2015
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Charter had large effect on can civil liberties and role of the courts. Economic rights--more controversial, not enshrined in charter, unlike other 3. Civ libs protected by public opinion, courts, conventions, written statements. Civ libs usually protected in public/from govt by one means, and in private by another. Early on, parliamentary supremacy meant that parli could basically abuse can civ libs, tho it largely chose not to. Implied bill of rights principle stated that since gb had civ libs, can had them too--but this was not a widely implemented idea. Before 1960, few court cases re: civ libs. Most cases argued based on fed vs. prov jurisdiction. Canadian bill of rights was adopted--not constitutionally entrenched. Other weaknesses--not clear abt what powers it was giving courts, only applied to natl govt, could b overridden. 1982--trudeau expanded on bor w charter, which was const entrenched. Ironically, overrode many civ libs in order to get his agenda thru.
