CRIM 335 Chapter Notes - Chapter 17: Constitution Act, 1982, Mandatory Sentencing, Concurrent Jurisdiction
26 Sep 2018
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Charter differs from bill of rights in emphasis on effective remedies. Anyone whose rights/freedoms infringed may apply to court of competent jurisdiction to obtain remedy as court considers appropriate & just in circumstances. Constitution is supreme law of canada & any law inconsistent w/ First stage in any charter case is consideration of whether right/freedom has been provisions of constitution is to extent of inconsistency, of no force & effect infringed/denied. If court finds there has been charter violation, passes to second stage to consider whether violation can be justified as reasonable limit under s. 1. If violation cannot be justified, court must decide what measures should be taken in view of infringement. There can be no right w/o effective remedy. Remedy is operative element of court"s order that translates right into concrete form. S. 24(1) of charter assures indiv whose rights have been violated that he/she will be given remedy as court considers appropriate & just in circumstances.
