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The Canadian Charter of Rights and Freedoms
Jurisdiction, Enforcement, and Guarantee The Canadian Charter of Rights and Freedoms
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Jurisdiction Defines the relationship between people, organizations, and companies in Canada and the government. Does not have jurisdiction to protect your rights if discrimination occurs in situations that do not involve the government.
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Jurisdiction For example:
If a superintendent refuses to rent you an apartment because she does not like your looks, you cannot rely on the Charter. Protection in this situation should be sought under a provincial human rights code.
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Enforcement The Supreme Court of Canada often called the "guardian of the Constitution“ Nine justices make up the Supreme Court Responsible for interpreting and enforcing the Charter Determine whether a person’s rights have been violated
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Enforcement Supreme Court asks three questions to decide if case is to be heard: Was the right infringed or violated by government or its agencies Is the right in question covered under the Charter? Is the violation or infringement within a reasonable limit?
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Guarantee Section 1 guarantees our rights and freedoms, but makes it clear that they are subject to “reasonable limits.” Example: The Charter guarantees freedom of expression, but hate literature causes such great harm that a limit on it may be regarded as acceptable by society.
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Reverse Onus The burden of proof is on the accused, who must disprove an essential element of an offence. In other words, the accused must prove that he or she did not commit the offence instead of the Crown needing to prove that the accused did commit the offence. Reverse onus breaks the rule of "innocent until proven guilty" contained in Charter s. 1 l(d), a concept fundamental to Canada's legal system.
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Oakes Test The Court established four criteria for “reasonable limits” during the Oakes hearing: 1. The reason for limiting the Charter right must be shown to be important enough to justify overriding a constitutionally protected right 2. The measure carried out to limit the right must be reasonable and logically connected to the to the objective for which it was enacted 3. The right must be limited as little as possible 4. The more severe the rights limitation, the more important the objective
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