Presentation Transcript

1. My rights and freedoms have been violated...now what?!?

   Remedying Charter Cases

2. Charter Cases Supreme Court of Canada Is it a Charter Case? Remedies of Charter Cases What do you do if you think your rights and freedoms, which are guaranteed to you under the Canadian Charter of Rights and Freedoms, have been violated or infringed upon? Many people easily recognize when their rights and/or freedoms are not being upheld, but taking the “next step” is not always as clear.
3. The Supreme Court of Canda The Supreme Court of Canada (SCC) is the highest court of Canada and is the final court of appeals in the Canadian justice system. The SCC is responsible for interpreting and enforcing the Canadian Charter of Rights and Freedoms.
4. Is it a “Charter” Case? To determine whether a case has merit and will be heard by the SCC, the following questions must first be considered: Does the Charter apply? Has a Charter right or freedom been infringed? Does the reasonable limits clause justify the infringement?
5. Is it a “Charter” Case? The case will only be considered to be a Charter case and go to the Supreme Court of Canada if: The Charter applies. A Charter right or freedom has been infringed. The reasonable limits clause does NOT justify the infringement.
6. Remedies Once a case has been determined to be an infringement of the Charter and goes to the SCC, there are two (2) remedies: Using the authority under Section 52 of the Constitution Act Seeking a remedy under Section 24 of the Charter OR
7. Authority of the Constitution The Constitution is the supreme law of Canada; therefore, any law that is inconsistent with it can be declared unconstitutional (in its entirety or in part). The SCC has the option to: Strike Down a law:The law is invalid and no longer in effect. Read Down a law:The law is acceptable, but a specific part is invalid and thus removed. Read In a law:Add a term to the law that changes the law, but allows it to be upheld as constitutional.
8. Authority of the Charter Anyone whose rights or freedoms have been infringed or denied may apply to a court to obtain an appropriate and just remedy. Example: A court may decide that your right to a trial within a reasonable time was violated, and thus stop the proceedings. Where it is concluded that evidence was obtained in a manner that infringed or denied any rights or freedoms, the evidence may be excluded if it is determined that its inclusion would bring the administration of justice into disrepute.