Law test
...at judges use to decide when a right may be justifiably limited is that they must consider if the limitation is reasonable, prescribed by law, and if justified. 4 a) Section 23 of the Charter can be used to limit rights and freedoms under the Charter this section is known by Multicultural Heritage Rights. b) An example would be that if I was one of the few that spoke English as a mother tongue I would have the right to speak English and if there was a reasonable amount of people that needed a English school, it would be a minority and the school would have to be built. c) 5. “Before the law” means every citizen has access to the courts, and “Under the law” means that the citizen has “Equal protection and Equal benefit”. 6 a) The purpose of human rights act is to resolve conflicts about discrimination between citizens only. b) Equality rights did not have effect until three years after the Charter came out because it had to allow time to ensure legislation to coincide with the section. 7. Read down – means that its to rule that the law is generally acceptable, but is unacceptable in the case before the court Differential treatment and adverse effect discrimination – differential treatment is another word for intentional discrimination; adverse effect discrimination is when you are presenting discrimination in a unintentional treatment. Minority language rights – provides for minority language education rights in English and French only, for Canadian citizens only. It’s the decision of the province to provide education for that group that speaks other languages (English and French). 8. Some critic believe that the Charter has given the courts to much power because the charter of Rights and Freedoms is not a statute it is apart of the constitution, “the Constitution of Canada is the supreme law of Canada, and any law that is inconsistency with the provisions of the Constitution is, to the extent of the inconsistency of no force or effect.” This states that the Constitution is supreme over law giving courts greater latitude. ...