2 ms·
Will Chretien speak with press or appear before govt to discuss the matter? Is there a sense which way the courts view it? How is the charter viewed, it's rel
by peteradio 5y ago
Will Chretien speak with press or appear before govt to discuss the matter? Is there a sense which way the courts view it? How is the charter viewed, it's relatively new?
- scj 5y agoIANAL, I'm pretty sure the only question that matters is if Section 1 of the Charter [0] is sufficient to meet the government's goals. If not, Section 33 certainly is. Since 1986, the Oakes test has become the way to determine Section 1's applicability. The former legislators thoughts and experiences of 1981/1982 are simply irrelevant in our legal system [1]. [0] https://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms#Exceptions https://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and... [1] https://en.wikipedia.org/wiki/Living_tree_doctrine https://en.wikipedia.org/wiki/Living_tree_doctrine
- peteradio 5y ago> the infringement can be "demonstrably justified" I wonder how this will be framed.