LAW 142 Chapter Notes - Chapter 3: Three Steps, Freedom Of Movement, Arbitrary Arrest And Detention

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9 Nov 2016
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Law 201 introduction to canadian law; module 3. Section of one of the charter both establishes that the rights set out in it are constitutionally protected and recognizes that they can be subject to reasonable limits in appropriate circumstances. The following sections from 2 to 23 set out the many specific rights protected by the. Charter: these rights are classified in broad categories or groups. When laws generally conflict with the charter, they"re unconstitutional under section 52 and the appropriate remedy is to declare the law of no force and effect. Section 32 is crucial to our understanding of the role of the charter as it specifies that the. The supreme court has interpreted this provision to confine the application of the. Expression by considering the purposes that support this right: a generous approach to the interpretation of a charter right such as freedom of expression does not mean that the charter requires an unlimited ability to exercise the right.

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