The Framework of the Charter and its Interpretation
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Across
According to who does s.33 create a "hierarchy of rights" such that there is a distinction between "common rights (ones that can be overridden) and "special rights" (ones that can't be overridden)?
Which case says to be cautious of older interpretations of the Bill of Rights because courts had traditionally been hostile towards it and had not interpreted it in a generous or purposive manner?
Which case stated that the purpose of the rights in the Charter must be generous ones rather than a legalistic ones and it is important at the same time not to overshoot the actual purpose of the right or freedom in question?
In interpreting rights it is important to apply the ______ approach.
In which case did the court state that despite arguments against the legitimacy of judicial review it had been settled "for better or for worse" by the coming into force of the "Constitution Act, 1982" and that the historic decision to entrench the Charter was not the court's, but that of the elected representatives of the people of Canada?
What section is the override clause?
Down
Which case says to be cautious of following American constitutional interpretation because their interpretation responds to a different history and embraces a different constitutional vision than Canada?
In which case is it made clear that s.33 does not empower the courts to review the substance of any invocation of s.33 and so long as the formal requirements in order to invoke s.33 are met the court cannot interpret it?
The court has to recognize the ________ of judicial power as the starting point to Charter interpretation.
Which case stated that since the proper approach to interpreting the Charter is a purposive one, "it is first necessary to specify the purpose underlying [the Charter right]; in other words, to delineate the nature of interests it is meant to protect"?
The third step in making a Charter claim is to ask whether the breach is ______.
What is the second thing that needs to be found in order to make a successful Charter claim?
To see if a breach is justified you engage in a _______ ______ analysis.
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