Case Study Of S. 1 Of The Canadian Charter Of Rights And Freedoms

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The laws that are at issue in this case are S.1 of the Canadian Charter of Rights and Freedoms, which 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. Sections 3 of the Charter which states that every Canadian citizen has the right to vote. Section 52(1) of the Charter which states that the Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. Also the main law that is at issue is S.51(e) of the Canadian Elections Act. In the hierarchy of law, sections 1,3, and 52(1) of the Charter apply to constitutional law. The reason these three sections apply to constitutional law is because they are in the Charter of rights and freedoms, which is under the constitution. Section 51(e) of the Canadian Elections Act applies to statute law. The reason section 51(e) applies to statute law is because the Canadian Elections Act was made by the Federal government of Canada. …show more content…
The Attorney General argued that these three objectives justified the infringement of prisoners’ right to vote : 1. to affirm and maintain the sanctity of voting in our democracy 2. to preserve the integrity of the voting

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