9. The Charter and Judicial Review

Constitutional Supremacy

The constitution is the highest law in Canada.

Judicial Review

Court's authority to interpret laws and rights.

Judicial Restraint

Judges defer to legislatures unless clear violations exist.

Judicial Activism

Judges interpret laws with broader discretion.

Parliamentary Supremacy

Legislatures hold absolute power over governance.

Juridical Model

Citizens can challenge laws based on rights.

Political Model

Emphasizes legislative authority over judicial intervention.

Section 1

Allows reasonable limits on rights in Canada.

Judicial Creativity

Judges' ability to protect rights through interpretation.

Early Period of Judicial Review

Courts avoided addressing rights claims against the state.

Second Period of Judicial Review

Increased judicial protection of rights post-1938.

Third Period of Judicial Review

Timid courts, favoring parliamentary supremacy in rulings.

Fourth Period of Judicial Review

Judiciary empowered by the Charter since 1982.

Dialogue Model

Interaction between judges and legislatures defines rights.

Charter Proponents

Supporters view courts as guardians of freedoms.

Charter Opponents

Critics argue judges act as unelected rulers.

Alberta Press Case

Struck down law restricting press freedom.

Robertson and Rosetanni v. The Queen

Court upheld law favoring parliamentary supremacy.

Bliss v Canada

Court ruled unemployment benefits did not discriminate.