Impact of the Charter Bill of right vs Charter Impact on the Federal system

Impact of the charter bill of right vs charter impact

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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 33 Section 24 Trudeau called bill of rights a “mere stack of paper” Bill of rights changes the role of Courts. Courts: guardian of the Constitution: Section 24 gives the court enforcement power o Remedies clause can nullify laws, have it changed within a year Section 25: constitution is the supreme law of the land Original charter was weaker than it is now, opposition conservatives forced parliamentary committee. Interest groups beefed it up, pushed to make it stronger (example: women) Section 2: Fundamental rights: freedom, religion, conscious, press expression Section 3-5: Democratic rights: move in and out of Canada/province. Collective right- fro groups and individuals. Section 7-14: Legal rights Section 15: Equality rights Section 16-22: language rights
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Section 23: minority language rights o In any province have the right to be schooled in their native language so long it is English and French o Does not include people leaving or born outside Canada- it created two classes of Canadian according to the professor. Section 25: Aboriginal rights o Equality under the law, all treaties, proclamations, rights and freedoms are all put under this, and all protected. Section 27: culture protection o Collective right, heritage is guaranteed to be taught and respected Section 28: Gender rights: every provision here is guaranteed for males and females, aboriginals and minorities included Key aspects of the Charter o Mix of individual and collective rights o Absolute versus qualified rights o Section 1, 33, 6 and 15 Impacts 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 statutes What 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
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