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The funny thing about the Charter, is that section 1 basically means you never really know what your constitutional rights are, because they are all subject to
by dlitz 13y ago
The funny thing about the Charter, is that section 1 basically means you never really know what your constitutional rights are, because they are all subject to "such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society".
http://en.wikipedia.org/wiki/Section_One_of_the_Canadian_Charter_of_Rights_and_Freedoms http://en.wikipedia.org/wiki/Section_One_of_the_Canadian_Cha...
- jessriedel 13y agoThat seems pretty equivalent to the "compelling government interest" which can supersede the rights of US citizens. http://en.wikipedia.org/wiki/Strict_scrutiny http://en.wikipedia.org/wiki/Strict_scrutiny
- Locke1689 13y agoPlease re-read that article. Compelling government interest alone is not enough to pass strict scrutiny.
- jessriedel 13y agoSure, I said "similar" not "identical". Being narrowly tailored and the least restrictive means, as determined at some hypothetical point in the future by the judgement of justices a laymen is forced to trust, gives me minimal comfort.