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Impact of the Charter: Bill of right vs Charter, Impact on the Federal system,impact on elected authorities, impact on citizen attitudes. Section 33Section 24Trudeau called bill of rights a “mere stack of paper” Bill of rights changes the role ofCourts.Courts: guardian of the Constitution:Section 24 gives the court enforcement poweroRemedies clause can nullify laws, have it changed within a yearSection 25: constitution is the supreme law of the landOriginal charter was weaker than it is now, opposition conservatives forcedparliamentary committee. Interest groups beefed it up, pushed to make itstronger (example: women)Section 2: Fundamental rights: freedom, religion, conscious, press expressionSection 3-5: Democratic rights: move in and out of Canada/province. Collectiveright- fro groups and individuals. Section 7-14: Legal rightsSection 15: Equality rightsSection 16-22: language rights
Section 23: minority language rightsoIn any province have the right to be schooled in their native language solong it is English and FrenchoDoes not include people leaving or born outside Canada- it created twoclasses of Canadian according to the professor. Section 25: Aboriginal rightsoEquality under the law, all treaties, proclamations, rights and freedoms areall put under this, and all protected.Section 27: culture protectionoCollective right, heritage is guaranteed to be taught and respectedSection 28: Gender rights: every provision here is guaranteed for males andfemales, aboriginals and minorities includedKey aspects of the CharteroMix of individual and collective rightsoAbsolute versus qualified rightsoSection 1, 33, 6 and 15Impacts of the Charter: Impact 2: on federal system/balance:Initial fears that Charter would lead to centralization of the federal system – the equivalent to the spending power. How? In portion of national standards. The world undermine provincial jurisdictions. Although all premiers shared this fear initially, it was particularly strong in Quebec.Quebec nationalists concerned about undermining language and cultural policies.In the first decade, the fears seemed to be valid.More provincial statutesWhat is democracy? It is not simply the majority rule, but rather the absence of majority rule. In terms of popular sovereignty, how does one assert what that is? Democracy consists of free election, free press, freedom of speech, and we have all that. But, it is an impoverished definition of democracy that is behind court power vs. political power; there are checks and balances, power is not concentrated unduly – that is democracy.The HOC is a weak legislator body, cabinet has lost its ability to check the prime minister in Canada (he doesn’t have to negotiate/listen to people) democracy consists of a range of institutions working together. The courts have emerged as powerful. This reflects the fact that if the Courts are this significant. It is the fault of the other institutions that do not works as well as they should. Having the court challenge the executive is not necessarily a bad thing. It