Law 2101 Chapter Notes - Chapter limits rights and notwithstanding clause: Freedom Of Movement, Section 33 Of The Canadian Charter Of Rights And Freedoms
Document Summary
Is right reasonable and demonstrably justified in free and democratic society purpose s. 1 charter: s. 1 constitutionally guarantees rights and freedoms set out in provisions follow and states explicitly exclusive justificatory criteria against rights and freedoms measured. Grant huscroft, reasonable limits on rights: define right and det whether/ not infringed by law, if infringed, determine whether infringement justified. How does clause work: precludes courts declaring decision is of no force and effect on basis legislation breach. Charter- parliament/ prov and in effect immuniaes legislation against judicial review: particular right/ all rights s. 33(1) applies- no special voting/ prior agreement required. Five-year term: end 5 years, notwithstanding declaration ceases have effect and once again subject to. Charter: can be renewed but only at 5 years at time. Prospective operation: cannot be invoked in order to limit/ deny rights retrospectively- after already exercised, before legislation challenged in court= effect immunizing legislation against declaration unconstitutionality.
