The Canadian Charter Of Rights And Freedoms

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The Supreme Court of Canada uses the Canadian Charter of Rights and Freedoms to limit the scope of legislation and administrative power by implementing section one of the charter; which results in an open dialogue between the government and the courts on various legislation deemed unconstitutional. In this essay I will discuss the extent in which section one of the Canadian Charter allows the Supreme Court of Canada to dictate legislation, how they go about narrowing legislation and administrative power through the Oaks test, and the history of the Supreme Court from 1982 – present day will be analyzed resulting in an understanding of the legitimacy the courts play with such a role.
To understand how the Charter allows the courts to dictate legislation first we must understand the properties surrounding section one of the charter. This section opens up a dialogue between the courts and the government attempting to pass legislation. If said legislation is deemed unconstitutional, the courts challenge the legislation and request a justification on the infringement(s) of the rights in question. For an infringement to be found within an act it must fail to meet certain criteria which includes the values that are essential to the rule of law. First governments should now act in arbitrary ways; meaning that if laws will limit a right found in the charter they must not be contradictory, unclear, secret, or vague, or you undermine the reason we have law. These results in the courts
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