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If a limit to the right or freedom is set out in the law, the government will have an opportunity to show that the limit is reasonable under section 1 of the Charter. If the court is not convinced by the government’s argument, then it can grant a remedy that is just and appropriate in the circumstances.
Section 1 of the Charter allows the government to put limits on rights and freedoms if that limit: Section 33 of the Charter, also called the notwithstanding clause, allows Canada’s Parliament, provincial and territorial legislatures to pass laws that may violate certain Charter rights.
Jun 1, 2006 · There is no limit on how many times a legislature may re-invoke the Notwithstanding clause to protect a particular law or action. This term limit has significance within the context of Canada’s electoral system. Under Canada’s Constitution, general elections (federally, provincially, and territorially) must be held at least every five years.
Even where the right to vote or eligibility to be a candidate is not directly denied, there may be a restriction of section 3 where the impugned law or government action interferes with the conditions under which these rights are exercised.
It specifically limits the right to vote to elections of provincial and federal representatives. By implication, there is no constitutional right to vote in municipal elections, nor in referenda.
Apr 22, 2012 · According to the confidence convention, when a majority of the members of a legislature no longer have confidence in the government, and express it through a vote in the legislature, the first minister must resign or ask the governor general to call an election.
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The Constitution of Canada includes the Constitution Act, 1867, and the Constitution Act, 1982. It is the supreme law of Canada. It reaffirms Canada's dual legal system and also includes Aboriginal rights and treaty rights.