Intro - The Charter of Rights and Freedoms

4 important questions on Intro - The Charter of Rights and Freedoms

How does The Charter help for part of the Constitution?

By placing limits on many aspects of gov't action in order to protect Human rights

What are 5 key features of the Charter?

1. The Charter is embedded in the Constitution, can only be changed by amending the Constitution
2. Every law passed must comply with the Charter, limited ability to change
3. Overrides other legislation except when the notwithstanding clause is invoked
4. Reasonable not absolute protection of individual rights and freedoms
5. The Charter applies to gov't and it's activities

What are the 2 steps the courts follow to determine whether a law violates the Charter?

1. Assesses if an infringement of a guaranteed right occurred
2. Looks at whether the discrimination can be justified in a 'free and democratic society"
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Why is the Charter relevant to businesses?

Gov't regulates and controls the business environment through legislation.  Legislation must comply with the Charter.

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