POLB50Y3 Chapter Notes - Chapter 19: Pierre Trudeau, Fundamental Justice, John Diefenbaker
Document Summary
Chapter 19: the charter of rights and freedoms. A discussion of protecting rights and freedoms in canada can be divided into three eras. In the first, canada inherited the british system based on parliamentary restrain within parliamentary supremacy. Even before the adopt of a constitutional bill, or charter of rights, the canadian courts were able to intervene to a limited extent to overturn legislation that violated such rights. Many violations occurred at the provincial level, but the courts were able to strike most of them down. So that was one way of protecting rights and freedoms. The document"s apparent aim was to allow the courts to invalidate legislation that they found to. John diefenbaker enacted the canadian bill of rights in 1960 conflict with the bill of rights, but if so this aim was not clearly articulated. The bill could also be superseded by the war measures act. The courts made very limited use of the bill of rights.
