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The Federal,provincial,and Territorial Governments Have Decided to Re-Consider the Contents

Question 69

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The federal,provincial,and territorial governments have decided to re-consider the contents of the Charter.They are particularly interested in the possibility of protecting economic and property rights.Which of the following statements is TRUE?


A) Although the Charter does not currently contain a section devoted exclusively to the protection of economic and property rights,the right to "liberty" in section 7 of the Charter has been judicially interpreted in a way that broadly provides such protection.
B) The introduction of a new Charter right for the protection of economic and property rights would be desirable primarily because it would increase the federal government's ability to regulate natural resources.
C) The Supreme Court of Canada has said that because the Charter does not limit economic and property rights,every Canadian enjoys the unconstrained right to transact business whenever one wishes.
D) The introduction of a new Charter right for the protection of economic and property rights might allow for the courts to compel governments to ensure that every Canadian enjoys adequate housing however this would be an unlikely scenario.The U.S.constitution has a clear right to property and no such judicial result has occurred in the United States.Moreover,the concept of an "economic right" is not a historically defined right in Canadian law or in similar common law systems.
E) Since the Charter applies to the relationship between private citizens,it should protect economic and property rights.

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