Unit 2 Flashcards
Royal Proc
Aboriginals are autonomous political entities
Collective Rights
Rights as a result of membership in a group (labour unions!)
R v Guignard
Put up a sign against insurance company, company took him to court, court ruled that the prohibition violated his freedom of expression
R v Burlingham
Consistently interrogated by police despite requests for a lawyer
-supreme court ruled the murder weapon should be inadmissable
R v Askov
violated right to be treated within a reasonable time
R v Buhay
Unreasonable search and seizure marijuana, supreme court ruled that the search was unconstitutional according to section 8
Chamberlain v Surrey
3 books about same sex couples and their families
Conway v Queen
Random frisks and searches were necessary in prison, women search women men search men.
Pros of Judicial Activism
Protection against majority tyranny, prompts social change, necessary to correct past injustices, courts are seen as unbiased non partisan entities
Formula?
Constitution act 1982 = BNA Act (constitutional act 1867) + Charter of Rights and Freedoms
Amending formula?
50% of the provinces (of the whole country) and 2/3 of the senate and house
Meech Lake
Mulroney tried to get Quebec to join the constitution, tried to give them distinct society status
Charlottetown Accord
Aboriginal concerns addressed, still didn’t work
4 periods of the charters evolution
english common law (legislative supremacy), bill of rights (diefenbaker), victoria charter, canadian charter of rights and freedoms
Victoria Charter
Everyone agreed to patriation and the amending formula except Quebec
Notwithstanding Clause
Governments can pass laws in contradiction with the charter, however it is politically toxic and rarely done. Quebec did this with bill 101 & Ford v Quebec
How many courts in Canada
750
bill 101
Levesque makes french official language of businesses and government, response= ford v quebec
ford v quebec
Found that bill 101 violated prohibition of use of other languages aside from french
Patriation
Constitution act of 1982
Clarity Act
Outlined conditions to be met if a province did end up voting to seperate from Canada
R v Drybones
People living off of reserves can’t be intoxicated off of the reserve, first use of the bill of rights
canadian human rights act
only applies to public jurisdictions
Stereotyping
Judging a whole group based on the actions of one person
OHRC and complainant process
Established in 1961, first human rights commission, complain happens, interviews both parties, investigation, then solution. If no solution, tribunal.
how do you become a judge
lawyer for 10 years, app reviewed by independent committees
R v mArshall
Fed gov can regulate aboriginal fishing
Canada v Lavall
Women losing aboriginal status is ok
