Module 2
Federalism and the Charter: the division of powers, the reach of the Charter, its rights and limits, and constitutional remedies
Two questions decide most Canadian constitutional disputes. The first is about **power**: is this law within the authority of the legislature that made it? That is federalism. The second is about **rights**: even if the legislature had the power, has the law or the government’s action violated a right in the Charter, and if so is the limit justified? This module gives the method for each. Learn the order of the questions, because every case in the course returns to them: which level of government, then which right, then whether the limit is justified, then what remedy.
This course explains the law of Canada, not US law. Rules that look the same elsewhere may be different.
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See what is included in the Courses & AI Lab Pass →General education on Canadian law, using invented people and businesses and abstract provinces. It states constitutional provisions and landmark decisions in simplified form, and it is not legal advice. Provinces and territories differ, the law changes, and every case turns on its facts. Consult a lawyer licensed in the province or territory that matters.
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