The difficulties with democracy include the diverging opinions on issue with majority rule over minorities and trying to balance individual rights with societal objectives

Laws get created for the purpose of catering to the interests of their voters by government in power

Charters and personal rights legislation aim to keep a balance between individual rights and societal objectives.

The Canadian constitution Act 1982 entrenched the Canadian charter of rights and freedoms forcing both the federal and provincial governments to change the charter together.

To change a statute, you need a simple majority

To change the charter, you need constitutional amendment through the 7/50 formula. This formula makes it difficult to change the charter. Examples of pasty failing through referendum include the Lake Meech Accord and the Charlottetown accord.

The Canadian Charter of Rights and Freedoms applies to Federal, provincial, and municipal governments; all government personnel, and anyone associated with a government organization must follow the Charter.

Even if a hospital were to discriminate against you, under the federal charter you can sue and look for compensation.

You cannot sue individual people, for profit organizations or associations not controlled by the government under the federal charter.

Section 2 of the Canadian Charter of Rights and freedoms includes freedom of religion, freedom of thought, freedom of expression, freedom of the press, freedom of peaceful assembly, and association .

An example of Section 1 of the charter being used is through R v Big M Drug Mart Ltd.

In R v Big M Drug Mart Ltd a store owner was ticketed on a Sunday for opening his shop, when no shop was open on Sundays because of Christian practise. The owner argued the fine was unconstitutional, it was discrimination against his practise and religion. By imposing this requirement, the government is imposing a religious value on all people which is against religious rights to practice freely.

Sections 3-5 of the Fed Charter cover democratic rights as seen through the case Sauve v Canada.

In Sauve v Canada, Sauve challenged criminals not being able to vote in the electoral system. The SC decided that individuals in jail pose no threat to the electoral system and not letting criminals vote is a political philosophy making it not justifiable.

Section 6 of the Charter outlines mobility rights. The freedom to travel and work anywhere in Canada.

In Canadian Egg Marketing Agency v Richardson, Richardson tried to sell eggs outside the NWT, but the agency sued because NWT was a territory and not part of the provincial agreement. The court ruled that it was unconstitutional because each citizen, regardless to where they live, they should be able to work where they want as long as they follow the rules.

Section 7 to 14 of the Charter cover legal rights which include the right to life, liberty, security, and judicial protections.

In Carter v R, Carter dying in a hospital and had no chance of recovery, he wanted to end his life and petitioned the SC to allow their doctors and the hospital to assist him. The SC overturned precedent set in the Rodriguez case. The SC decided that by not allowing someone to die you are infringing on their right to life, you are imposing a duty to life.

Under the right to life, you can live your life as you please without any threat to it, if you deny ppl who are in severe pain and will die you are imposing a duty to life to live in a deplorable condition.

Section 15 of the charter is equality rights, which protects you from discrimination.

In Law v Canada, the SC highlighted three conditions that would clarify whether or not an individual was being discriminated the government.

A person is being discriminated by the government if a person is being discriminated by a certain characteristic, if the discrimination is associated or listed in section 15 or if the treatment is imposing upon this individual an unnecessary burden or perpetuating a stereotype

In Gosselin v Quebec, Gosselin was under 30 and on welfare. The Quebec government required each individual to take courses if they wanted to obtain full welfare payment. Gosselin sued arguing it violated section 15 of the charter. The Court decided that ppl on welfare were not disadvantaged, they were actually gaining an asset through the course which they believed was a positive aspect of the legislation.

The charter allows for affirmative action principle to make it legally possible to look for inequities and to try to address them.

The limitation of the Charter of Rights and Freedoms is through section 33 the notwithstanding clause and section 1 the Oakes test.

Under section 33, A parliament of legislature of any province may expressly declare in an Act of parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding provision included for section 2, 7-14 and 15 of the charter.

The laws that infringe upon individual rights must be renewed every five years known as the sunset clause.

Under section 1, "The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”.

The difference between Oakes test and notwithstanding clause is that the Oakes test has no limitation on what section the government can try to go after.

Section 1 of the charter allows government to limit rights if the government can demonstrate the objective of the limit has a strong societal importance and it must show that the means chosen is the least intrusive possible.

A reverse onus is when you are acquired to prove your innocence.

An example of a reverse onus is when a cop asks you to breath into a breathalyser, forcing upon you the obligation to prove your innocence.

Oakes was charged with possession of a narcotic for the purpose of trafficking under the Narcotic Control Act when he was found with 10 vials of hash and $600.

Oakes challenged the validity of s.8 of the Narcotic Control Act and the reverse onus. He argued that s.8 violates his presumption of innocence which is upheld by section 11 of the Charter.

The SC applied the Oakes test and decided that drug dealing was serious, the impact of drugs on society must be controlled. Any limitation for less than the reverse onus we would not be able to get any of the drugs off the street, no individual would be arrested for drug dealing, court agreed but they did order the gov to amend section 8 to create a safety net for ppl who were not drug dealing but might be drug dealing because they had drugs on them.

Prior to the Canadian Charter of Rights and Freedoms, the Quebec charter of Rights and Freedoms was enacted.

The Quebec charter can also be used for violations between private individuals and is not entrenched in the constitution making it easier to change.

Sections 1 to 9 outlines fundamental freedoms in the charter which includes the right to life and security (s1), right to assistance (s2), freedom of expression, association, opinion, and religion, (s3) and safeguarding the right to dignity and privacy (s4-6).

The three conditions you need to take a picture of someone legally is with their permission if you are a public figure and if it’s newsworthy.

Section 10-20.1 of the Quebec charter is protections from discrimination. Discrimination is defined as an act that nullifies or impairs a right. However, only section 10 definitions of discrimination are protected.

Section 13 of the Quebec charter dictates that discriminatory clauses in contracts are void – the clause is no longer valid.

Section 14 of the Quebec charter is discretion for room leases if one room in home and not advertised.

Section 15 of the Quebec charter dictates that you can’t deny access to public places unless undue hardship is proven such as a financial cost, security or could impact the workers or patrons.

Section 18.1 of the Quebec charter ensures no S.10 question are in the application forms and interviews unless it’s related to aptitude or based on affirmative action principle.

Section 18.2 of the Quebec charter ensures you can’t discriminate against job applicants  due to past criminal record if it’s not related to the job, and the criminal has obtained a pardon.

Section 19 of the Quebec charter outlines equal pay for equal unless it’s base on aptitudes and qualifications or based on pay equity plans.

Section 20 of the Quebec charter outlines the discretion organizations have when hiring.

Section 20.1 of the Quebec charter allows insurance and retirement plans to use discretion.

Section 49 of the Quebec charter allows victims who have experienced violations in their rights to sue for injunctions, Material damages, Moral damages, Punitive damages. The conditions are that it need to be a violation of a charter right and it was done intentionally.

Section 9.1 of the Quebec charter allows governments to limit rights set out in section 1 to 9 and the government has to justify the limits under the Oakes test principles.