Charter of Rights

Question 1

Where is the charter of rights contained and is it entrenched

Answer 1

contained in the constitution 1982 and is entrenched

Question 2

Inconsistency Clause

Answer 2

judiciary to make decisions to determine inconsistencies if it does not follow constitution

Question 3

Entrenched Constitution Interpretation

Answer 3

Certain provisions of constitution are beyond normal control of either federal parliament/ provincial legislature, difficult to change and requires large process

Question 4

Entrenched (Charter of RIghts)
- who has last word
- what is it subject to (3)
- how is it amended?

Answer 4

Judiciary has last word when interpreting, subject to constitutional amendment, reasonable limits, and notwithstanding clause. Only amended by formal constitutional process

Question 5

Who determines inconsistencies of Charter

Answer 5

Judiciary determines this

Question 6

what law or court is chart part of and what if it doesn’t measure up

Answer 6

part of supreme law and if it doesn’t measure up then it is of no importance or effect

Question 7

Why does the charter give so much power to the judiciary? (2)

Answer 7

Determine if something measures up and interpret inconsistencies

Question 8

4 Main Vague Charter rights

Answer 8

freedom of conscious religion, of thought, of association, and mobility rights

Question 9

Who has the last word of the Charter and why is it so significant

Answer 9

Judiciary has last word to determine meaning and application and then it becomes binding. This is at both provincial and federal level

Question 10

Judiciaries power with the charter and remedy

Answer 10

judiciary can create any remedy if charter right is violated and without limitation

Question 11

2 Limitations of the charter

Answer 11

Reasonable Limits Clause
Notwithstanding Clause

Question 12

Reasonable Limits Clause

Answer 12

in preamble, up to judiciary to identify what those reasonable limits are free and in democratic society

Question 13

Notwithstanding Clause

Answer 13

put in a statute so charter does not apply and parts are inoperative, limited to 5 years so can be reenacted

Question 14

Notwithstanding Clause: Does it preserve power and what bodies?

Answer 14

preserves power to parliament and away from legislature

Question 15

Ian Restall’s paper toward the Charter and constitution (main idea)

Answer 15

It is democratic and a sharp departure to Canadian Law, can be seen as revolutionary and inappropriate

Question 16

Ian Restall’s 1st Premise of his views toward the charter

Answer 16

Judiciary is not electorally responsible to any constituency. Erodes principles of parliamentary supremacy and democracy….left with system of arbitrators and judges making decisions who have not been elected in as they are appointed

Question 17

Ian Restall’s 2nd Premise of his views toward the charter

Answer 17

Has unknown and potential radical impact. Judges have never been handed so much responsibility and power with little analysis and subtle view of what was being done.

Question 18

Ian Restall’s 3rd Premise of his views toward the charter

Answer 18

violates constitutional and cultural principle of federalism. It centralizes and homogenizes, creating generalized national cultural standards impacting areas formerly under provincial jurisdiction

Question 19

Ian Restall’s 4th Premise of his views toward the charter

Answer 19

Political Culture Revolution: charter is inconsistent with basic political, cultural and philosophical nature of the country. It simultaneously a subtle homogenizing, centralizing and Americanizing influence.