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Difference between revisions of "Charter Rights: Overview"
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Charter Rights: Overview (view source)
Revision as of 21:59, 17 February 2015
, 21:59, 17 February 2015→Enforcing Charter rights
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:#Is the government’s objective important enough – and are the benefits of the law significant enough—to justify violating a Charter right? | :#Is the government’s objective important enough – and are the benefits of the law significant enough—to justify violating a Charter right? | ||
:The government must prove that the violation of the Charter is reasonable under section 1. Often, the government tries to show that the law’s objective is important to Canadian society, and that the violation of Charter rights is minimal. | :The government must prove that the violation of the Charter is reasonable under section 1. Often, the government tries to show that the law’s '''objective''' is important to Canadian society, and that the violation of Charter rights is minimal. | ||
:The more severe the violation, the harder it is for government to justify it. Only after the court considers all these things, can it decide if you deserve a remedy for the Charter violation. Charter cases can be complex and hard to resolve because courts have to consider and balance many competing interests. The court must go beyond the narrow facts of one case and consider the competing interests in relation to a law and how it operate for society. | :The more severe the violation, the harder it is for government to justify it. Only after the court considers all these things, can it decide if you deserve a remedy for the Charter violation. Charter cases can be complex and hard to resolve because courts have to consider and balance many competing interests. The court must go beyond the narrow facts of one case and consider the competing interests in relation to a law and how it operate for society. | ||