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Difference between revisions of "Charter Rights: Legal Rights"

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Section 1 applies only to written laws. It does not apply to '''government actions'''. An example of a government action would be the conduct of a police officer in making an arrest. Where a government action violates the Charter, section 1 does not let the government try to justify the violation. The action is unconstitutional. Lawyers call this a '''Charter breach'''.
Section 1 applies only to written laws. It does not apply to '''government actions'''. An example of a government action would be the conduct of a police officer in making an arrest. Where a government action violates the Charter, section 1 does not let the government try to justify the violation. The action is unconstitutional. Lawyers call this a '''Charter breach'''.


===Remedies if a Charter right is violated===
==Remedies if a Charter right is violated==
The Charter gives courts lots of discretion about the '''remedy''' they can order if a Charter right is violated. A remedy is a court order to give someone their legal rights or to compensate them for their rights not being respected.
The Charter gives courts lots of discretion about the '''remedy''' they can order if a Charter right is violated. A remedy is a court order to give someone their legal rights or to compensate them for their rights not being respected.


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