COMM 393 Chapter Notes -Substantive Law, Counterclaim, Admissible Evidence
Document Summary
The courts and legislation: court decides if statute is valid and enforceable, if valid court decide what the words of statute mean, whether interpretation covers subject of dispute, canada validity depends on constitution. Comm 393 commercial law: charter is entrenched in the constitution; cannot be repealed by act of. Declaration of certain rights in constitution gives great moral and political force. Not subject to being overridden by parliament/legislature; equality of treatment between sexes. Comm 393 commercial law: democratic rights section 3: right to vote, mobility rights section 6: citizen has right to enter, remain in, leave canada. The significance of the charter for business: gov"t regulates and controls business environment through legislation. Challenging the validity of a statute: court can declare a statute invalid if, subject matter is outside constitutional jurisdiction of government, or, statute violates the charter of rights and freedoms, court must investigate purpose and effect of statute.
