Charter Flashcards
Charter of rights
Entrenched in the constitution to prevent democratic majorities from using political power to violate rights in the public sphere. Especially those of minorities.
Human rights code
A statute that protects rights in the private sphere. For example, prohibits racial discrimination between private individuals.
What is the Gosellin v Quebec case?
1980s Quebec had a law that said unemployed citizens under 30 were eligible for social assistance at about a third of the rate available to those over 30. Although, if the person under 30 is involved in community work, education or labour force training, he or she would get the full benefit. Gosellin considered this being discriminated against based on age, the judges agreed but said it was to help under 30s not harm them.
What is the section 52 remedy?
State that any law that is inconsistent with the constitution is “of no force or effect”- This means the gov’t no longer has the authority to act in the way the law provided.
What is reading in?
The approach used when a law fails to extend the protection of rights to those who have a legitimate constitutional claim. E.G discrimination based on sexual orientation.
What is the bill of rights?
This document recognized and declared the existence of human rights and fundamental freedoms. This statute does not apply to provinces, just federal gov’t.
What is the notwithstanding clause?
Section 33: provides that the parliament or provincial legislature can pass a law and declare it to be valid notwithstanding the guarantees offered by section 2 and 7-15 of the charter.
What does section 1 entail?
Guarantees the rights and freedoms set out in it, subject only to such reasonable limits prescribed by the law as can be demonstrably justified in a free and democratic society.
R vs Morgentaler
Abortion: Br Henry Morgentaler sought an unrestricted right to perform abortions in his own clinic.
