CRIM 335 Chapter Notes - Chapter 5: Veto, Minority Rights
25 Sep 2018
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Document Summary
There is significant qualification in canadian constitution on power of judicial review under charter. Namely legislative override/notwithstanding clause found in s. 33. Provision represents important compromise reached at time of entrenchment in charter to meet concerns about enhanced power of judicial review. Reflects judgment that, while strong element of judicial review justifiable in democracy, judicial power also needs to be constrained. Although override rarely used, is fundamental structural feature of charter shaping respective responsibilities of courts on one hand & parliament & legislatures on other. S. 33 of charter permits parliament/provincial legislature to declare that law shall operate notwithstanding provision in s. 2 or ss. 7-15 of charter. In other words, law containing simple declaration from parliament/legislature that it is to have effect notwithstanding one of sections will be protected from judicial review & law will remain in effect despite violating charter-guaranteed right/freedom. Means that fundamental freedoms subject to being overridden by legislative decisions, as are legal rights & right to equality.
