Constitution act of 1982 ensure the government both

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Constitution Act of 1982 ensure the government, both Federal OR Provincial stays within the lines of these rights or rather they exercised that power properly. It is used as a check to see if they have exceeded that authority and infringed on the rights of the people of Canada. The charter of rights and freedoms (CA act of 1982): Represents the restraints on the government of Canada and the Provinces in respect the rights laid out in this act for the people of Canada. Law is about being specific therefore the people refers to flesh and blood Canadian Citizens and Residents. Even though municipalities are not constitutionally recognized as parts of government, they by being creatures of the province are bound by the laws of the CA ac of 1867 and CA of 1982. Does the Charter of Rights and Freedom protect business. The founding fathers with certainty intended Everyone to means flesh and blood people. However there use of other words in CA of 1982 S1, 7, 8, 9, 15 left this open to interpretation by the courts. Constitutional Law in some instances can be interpreted to include commercial entities. Even though courts have said corporations are people, have they said corporations are people in the eyes of the constitution ? No they haven’t? What is the value of a non-constitutional law in interpreting the constitution act of 1982, answer is there is nothing. What is said in the charter is binding to other laws. You can challenge other laws if they are in challenge with the charter, you cannot challenge the charter. Right to life cannot be applied to a business, but the security of a person is interpreted by the courts to apply to businesses. Even if it is concluded that there is a charter protected right or freedom and there is some law that infringes or proports to constrain on these rights. Even if the courts conclude that there has been infringement, this doesn’t mean that this other law will be help to be unconstitutional.
2 Ways the Charter can legally be infringed upon. Why ? Because Rights and Freedoms are not absolute if they meet these criteria. 1. S. 1 – subject to such reasonable limits demonstrably justified in free and democratic society. 2. Notwithstanding clause; Can pass laws that they know are illegal in the eyes of the constitution. However after 5 years they are susceptible to a charter challenge. This clause is not used in Business Consumers Cases. Enforcement of Charter : S. 24 (1) Anyone whose rights or freedoms, as guaranteed by this Charter , have been infringed or denied may apply to a court …to obtain such remedy as the court considers appropriate… Understanding Court Decisions How are court decisions read: Difference between a “head note” and the decision of judges. Decision of Judges : Is the full court decision.

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