evolution of the charter
Download
Skip this Video
Download Presentation
Evolution of the Charter

Loading in 2 Seconds...

play fullscreen
1 / 18

Evolution of the Charter - PowerPoint PPT Presentation


  • 112 Views
  • Uploaded on

Evolution of the Charter. U.K. Influence - English Common Law, Customs & Traditions. For example - Parliamentary & Legislative Supremacy. Bill of Rights, 1960. CBC Bill of Rights. Trudeau becomes P.M. 1968. Victoria Charter, precursor to Charter. P.M. ‘71 gets provinces together

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' Evolution of the Charter' - lexi


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
bill of rights 1960
Bill of Rights, 1960

CBC Bill of Rights

victoria charter precursor to charter
Victoria Charter, precursor to Charter

P.M. ‘71 gets provinces together

Quebec wants increased autonomy

canada act 1982
Canada Act 1982

Patriation of Constitution

canada act 19821
Canada Act 1982
  • BNA Act 1867 became Constitution Act 1867
  • plus Constitution Act 1982 (amending formula and Charter of Rights and Freedoms)
charter of rights freedoms
Charter of Rights & Freedoms

Rights, Freedoms, Enforcement, Notwithstanding Clause

limits on the charter
Limits on the Charter

1.

s. 32 applies to public sector only, relationship between government & individuals

limits on the charter1
Limits on the Charter

2.

s. 1 rights and freedoms may be limited under this section

limits on the charter2
Limits on the Charter

3.

s. 33 Notwithstanding Clause

how and why notwithstanding
How and Why NOTWITHSTANDING?
  • Trudeau had to contend with skittish provinces
  • To get buy in, allowed them an out, an opportunity to pass legislation notwithstanding (in spite of) the Charter
the details on notwithstanding
The Details on Notwithstanding
  • Exception: ss 3 - 6 and ss. 16 - 23
  • Government needs to specify which section(s) are being circumvented
  • Limit of 5 years
alberta the marriage amendment act 2000
Alberta: The Marriage Amendment Act 2000
  • tried to define marriage as one man and one woman, SCC said federal jurisdiction thus you can’t invoke s33 for this
ad