POLI 221 Chapter Notes - Chapter 19: Equal Protection Clause, Canda, Freedom Of Movement
26 Nov 2015
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Defining & protecting rights and freedoms p191: 4 categories of rights & freedoms: Procedural rights of a person suspected or accused of committing a crime. Liberty encompassing that person"s right to legal counsel, a presumption of innocence, bail, fair trial. Freedom from discrimination on bases of gender, race, religion, age. These 3 are embedded in the charter bcus canadians support these The right to own property for example, is recognized in law as well as in canadian bill of rights, not enshrined in the charter: 2 methods to protect rights & freedoms: British approach make parliament supreme but on the presumption that neither the legislature nor the executive would infringe civil liberties cus both are checked by public opinion, tradition, political culture, self-restraint. Such rights are deeply ingrained in the values of the ppl & politicians also never think of infringing them even tho parliament could do so. Britain doesn"t have the power of judicial review: the courts cant overtum.
