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Unformatted text preview: determines relevancy. Conclusion of the case, answer to the issues. Constitution Act of 1982 (previously British North America Act 1867) Entrenchment of the Charter of Rights and Freedoms Charter only applies to the government (action and decision making) Charter prevents government from making laws that are unconstitutional. S.15 Equality Rights S.1 None of the rights of the Charter are absolute. All subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. All law is presumed valid until challenged in Court. If challenged and found to be unconstitutional “Ultra vires” Beyond the powers Null and void, courts will not rewrite the legislation S.33 Notwithstanding Sunset clause, allows the government to create unconstitutional law but which automatically expires in 5 years and needs to be revalidated....
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This note was uploaded on 12/10/2011 for the course COMM 393 taught by Professor Elaine during the Spring '10 term at The University of British Columbia.
- Spring '10