short answer Flashcards
Explain why the 1960 Canadian Bill of Rights introduced and why was it not an effective form of legislation
Introduced by Prime Minister John Diefenbaker after world war 2, to combat discrimination against Japanese Canadians. The bill of rights was not an effective form of legislation for 3 reasons:
1. It was a mere statue and was not entrenched in the constitution
2. It was a federal statute and only applied to matters in the federal domain
3. It was inapplicable in many cases due to its narrow scope
Limitations of rights and freedoms can be justified by the government under the Charter so long as these limitations are “demonstrably justified”. Explain what is meant by this.
Your rights are qualified rather than absolute. Every case involving a claim that someone’s rights and freedoms have been violated, requires the court to consider the application of section 1 of the charter.
Fully explain the application of Canada’s Charter of Rights and Freedoms.