CRIM 335 - The Limits and Application of the Canadian Charter of Rights and Freedoms

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Simon Fraser University *

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335

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Oct 30, 2023

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CRIM 335: HUMAN RIGHTS & CIVIL LIBERTIES WEEK 4: THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS Week 1: Introduction to the Course Week 2: Non-Charter Protection Week 3: The Nature and Scope of the Canadian Charter of Rights and Freedoms Week 4: The Limits and Application of the Canadian Charter of Rights and Freedoms Week 5: Freedom of Conscience and Religion Week 6: Midterm Review Week 7: Midterm Week 8: Indigenous Rights Week 9: Equality Week 10: Life, Liberty, and Security of the Person Week 11: Rights in the Criminal Process Week 12: Final Exam Review Week 13: Distribution of Final Exam Instructions
THE NATURE AND SCOPE OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS Week 3 lesson comprehension questions: ¡ Briefly describe the questions, issue(s) and decision in R v Drybones (1969). What does this case tell us about the limitations on rights within the Canadian Bill of Rights? Do the same limitations exist under the Canadian Charter of Rights and Freedoms? ¡ Briefly describe the concept of 'parliamentary supremacy' and explain the importance of this concept in relation to Canada's pre-1982 and post-1982 constitutional framework.
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THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS This lesson will further your understanding of the Canadian Charter of Rights and Freedoms, specifically in relation to Charter litigation , and the remedies that may apply when the Charter has been infringed. It is a key principle of Canadian law that there can be no right without an effective remedy , and this lesson will provide a deeper understanding of the essential connection between Charter rights and the applicable remedies.
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS Scope Application Limits Remedies
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
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THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS Charter does not apply to non- governmental entities created by government for the purpose of legally enabling them to do things of their own choosing
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
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THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS Charter values applicable in common law context ( Retail, Wholesale and Department Store Union Local 558 v Pepsi-Cola Canada Beverages (West) Ltd. (2002))
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
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THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS Canadian courts decide the matters before them (as they are put forward by the claimants)
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS But what about Reference decisions?
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
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THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS “The potential for a collision of rights does not necessarily imply unconstitutionality. The collision between rights must be approached on the contextual facts of actual conflicts . The first question is whether the rights alleged to conflict can be reconciled… Where the rights cannot be reconciled, a true conflict of rights is made out . In such cases, the Court will find a limit on religious freedom and go on to balance the interests at stake under s. 1 of the Charter … In both steps, the Court must proceed on the basis that the Charter does not create a hierarchy of rights … and that the right to religious freedom enshrined in s. 2(a) of the Charter is expansive.” ( Reference Re: Same-Sex Marriage, para 50) “Conflicts of rights do not imply conflict with the Charter ; rather the resolution of such conflicts generally occurs within the ambit of the Charter itself by way of internal balancing and delineation.” ( Reference Re: Same-Sex Marriage, para 52)
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS “The mere recognition of the equality rights of one group cannot, in itself, constitute a violation of the rights of another . The promotion of Charter rights and values enriches our society as a whole and the furtherance of those rights cannot undermine the very principles the Charter was meant to foster.” ( Reference Re: Same- Sex Marriage, para 46)
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
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THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS ¡ Reading in ¡ Reading down ¡ Severance ¡ Tailored Declaration of Invalidity ¡ Suspended Declaration of Invalidity
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS Carter v Canada – In Carter v Canada, the Supreme Court of Canada determined that criminal provisions relating to medically-assisted death were unconstitutional to the extent that the prohibition applied to competent adults faced with enduring and intolerable suffering from an irremediable condition. This decision represents use of the following remedy: a) Reading in b) Reading down c) Severance d) Tailored declaration of invalidity e) Suspended declaration of invalidity
THE LIMITS AND APPLICATION OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS In Canada (Employment and Immigration Commission ) v Tetreault-Gadoury, the Supreme Court of Canada struck down a particular provision in the Unemployment Insurance Act that excluded those over the age of 65 from entitlement to unemployment insurance benefits. The remainder of the Act continued to apply in the general sense of conferring entitlement to the general class of unemployed workers. This decision represents use of the following remedy: a) Reading in b) Reading down c) Severance d) Tailored declaration of invalidity e) Suspended declaration of invalidity
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UP NEXT IN THE COURSE
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