IRE348H1 Chapter Notes - Chapter 3: Sears Canada, Protected Group, Sexual Orientation
28 Feb 2017
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The over-arching legislation in canada is the constitution. Constitution is the carter of rights and freedoms. The charter guarantees freedom from discrimination as well as other basic human rights. The charter applies to laws not to individuals. In other words, no legislative body in canada can pass laws that infringe upon the individual rights that are guaranteed in the charter. There are 2 exceptions to this: the federal government or provinces can pass a law that infringes upon individual rights providing the law is for the greater good of society . Example: laws that prohibit hatred or child pornography: the notwithstanding clause allows federal government or provinces to pass laws that infringe upon rights that are guaranteed by the charter providing that law automatically ceases in 5 years time. The legislative body that originally passed the discrimination law can re-enact the law again using the notwithstanding clause. This gives the law another 5 years of life.
