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'The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be
by Everlag 11y ago
'The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.' - Section 1, Charter of Rights and Freedoms
I like how a single crooked judge can now covertly determine what is a free and democratic society. I mean, this was the case before but it had to happen in the public which had some sense of accountability.
- dblohm7 11y agoNot exactly. The criteria for what constitutes a reasonable limit was established by the Supreme Court of Canada in 1986. http://en.wikipedia.org/wiki/R_v_Oakes http://en.wikipedia.org/wiki/R_v_Oakes
- MCRed 11y agoI don't know about Canada, but in the USA precedent is only applicable if it's brought up and the judge decides its relevant. In non-contested situations (eg: only the government is before the court, there is no opposition attorney) there would be no reason to bring up precedents that don't support the governments position. This is part of the reason secret courts are so fundamentally wrong.