Chapter 2 Flashcards
(4 cards)
What was the purpose behind the creation of the Charter of Rights and Freedoms?
To create a Just Society
Legally Protect and guarantee fundamental freedoms for Canadian Citizens
Give Canada full control over its constitution
Why wasn’t the 1960 Canadian Bill of Rights or traditions found in British Common law traditions enough of a guarantor of protection of Canadian civil and Legal Rights
It was a Federal Statute, not a Constitutional Document
Meant it could easily be amended or overridden by new laws
How did the Supremacy of Parliament Change after 1982 from the Canadian Parliament to the Supreme Court of Canada ?
Charter was introduced, shifting to include the authority of the Supreme Court, which has the power to review and uphold constitutional rights and freedoms
What can the Supreme Court Canada do to laws that are found in their judgement to infringe upon one of our legal rights?
Suspend the declaration of invalidity,
Amend or modify the law to ensure compliance with the Charter,
Create specific remedies tailored to the situation