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SOSC 1350 (51)

October 10 notes

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Social Science
SOSC 1350
Julie Dowsett

- Two competing conceptions, formal and substantive (continuing from last lecture) - Formal equality, meaning to treat likes alike - ^ gets rid of formal barriers and is fair, individual treatment before law - Substantive equality, not enough to get rid of formal barriers, but also to have positive policies to reduce disadvantages - ^ sometimes you have to treat people differently, to have equitable outcome - Part b - 4a Theory to practice, principle of judicial review is why the bill of rights and Canadian bill of rights is important, because they shaped the in conceptions of Canada - Judicial review is the idea that judges may evaluate statues and laws, according the standards of higher law, and chose to not enforce that they find lacking, the higher law is always constitutions** - Giving judges authority - Allows unelected judges to overrule law that are passed by politicians - Cannot vote judges out of law, but politicians you can vote them off - Feminists, they have been cautious of judicial review, never entirely supported or dismissed it - Quote by Lord Edward Coke, is irrelevant, about a doctor who is practicing without a license - Didn’t get juridical review is not from Britain, had little influence by Britain but mainly influenced by England - 4b Missouri Act of 1820, was to prevent slavery moving northward - ^ just to anti-slavery going in the north - 4b & 4c after civil war the 14 amendment was passed - Declared everyone citizens and everyone should vote (not women, but blacks) - Tried to strike down anti-regulations - Idea that judicial review is a conservative, striking down legislations to help people - 4c declared that states laws, that separated blacks and whites is constitutional - That white schools have better programs, teachers and education, and black schools do not - Judicial review that was progressive - 4d far less controversial in Canada - 4e Up until 60s was about minor disruptions about federal v. provincial jurisdictions - Was about minor disputes - 5a 1960, judicial review moved toward equality issues, that was with Canadian bil of rights - John Diefenbaker, was a prime minister - current conservative part comes from Canadian Alliance (Reform party and Progressive Conservative party) - after WWII, worldwide movement, of fundamental rights and freedoms, came about after UN, 1948 - Canada was part of this worldwide movement - 5b Section 1 recognizes individual rights before law (freedom of religion, press etc) and life (all on section 1) - ^ all these rights gov’t should not pass laws that infringe the bill of rights - Shouldn’t be penalized based on our class, race or gender, bill of rights didn’t guarantee anything except non-interference - 5c was just a statement, and didn’t have any legal force - 3 factors: 1 applied to the federal gov’t (provincial ad municipal gov’t can do what they want not federal) 2 was that “these rights have and shall continue to exist” according, Canadian always had those rights, and didn’t empower the courts to do much of anything, (discouraged judicial creativity) 3 (important) lacked constitutional status, just a law passed, like any other law, doesn’t give the bill of rights any status over any other law (could eliminate laws since they did not differentiate a law’s status) ** Just an ordinary legislation - ^ bill of rights was just a regular legislation - ^ some suggest that the judges themselves did not want to use bill of rights in their reasoning - 5d I. regardless quite conservative, the case (Robertson and Rosetannti v. The Queen) contradicted with the Lord’s Day Act meant to not have businesses open on Sundays - ^ only respecting for Christians - 5b II. The case Lavell v. A.G. Canada, concerned with the indian act, of 12 (1,b), indicant act still exists today, and it concerns registered “ Indians” of bans and reservation, most aboriginal people do not have status - Enacted in 1876, st
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