CRIM 335 Chapter Notes - Chapter 5-6: Torstar, Sunday Shopping, Trade Union
7 Sep 2016
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Must expressly declare the act, operate notwithstanding x section in charter. This declaration will only have be in effect for 5 years (tied to life of parliament, can renew) ** one limitation: declaration could not be retroactive. Against arguments: override clause is a defect in constitution fundamental rights should never yield to legislature decisions, argue that courts should have final say regarding fundamental rights, government must forever comply. For arguments: represent an important compromise reached at the time of entrenchment of the. Applies to governmental and not to private conduct. The actions of parliament and legislatures attract charter scrutiny. These bodies act by creating legislation, which is subject to charter review: limiting application of the charter. Facts: a union argued that a court-issued injunction to stop labour picketing (between a private company and a labour union) violated freedom of expression. Scc concluded: charter applies only to government only legislative, executive, administrative.
