Canadian Law: Fundamental Freedom of Thought, Belief, Opinion and Expression

713 Words2 Pages
bulb-icon

Recommended: Canadian Charter of Rights and Freedoms word for word

The Supreme Court of Canada was correct in the decision of R.v Skinner, ruling that in the case of Dorman Thomas Skinner sections 2(b) along with 2(d) from the Canadian Charter of Rights did not violate the constitutional Rights of Freedoms the respondent Mr. Skinner.

Profile of the Law

The following sections of law were presented in the case of R.v Skinner, established in the Canadian Charter of Rights and Freedom both sections 2 (b) and 2(d) which states

Section 2 (b)

“Everyone has the following fundamental freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication” .

Section 2 (d) of the Charter of Rights and Freedoms

“Everyone has the following fundamental freedom of association”.

The Criminal Code section 195.1 (1) (c)

“Every person who in an public place or in any place open to public view stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person for the purpose of engaging in prostitution or of obtaining the sexual services of an offence punishable on summary conviction”.

General Summary

The night of Thursday January 2, 1986 Constable Richardson a member of the morality squad was posing undercover as a prostitute. After strolling back and forth at 10:25 pm a gentleman named Dorman Thomas Skinner walked from Nova Scotian the hotel located on Hollis street and went forth in approaching Constable Richardson. After exchanging greeting the two engaged in a short conversation which lead Skinner into asking how much the charge of a sexual act would cost on the behave of Constable Richardson “How much do you charge..for a blow job”(R.v Skinner 6). At that point in time Dorman Skinner the respond...

... middle of paper ...

...tion; successfully argued by three current sex trade workers who stated the law violates their rights to a safe working environment ( ).Parliament has been given one year to come up with new legislation. With less than 6 months to establish the legislation the law could be accepting towards legal brothels. Concurrently the Adult Entertainment Association of Canada (AEAC) announced that the study of enhanced services within Toronto strip clubs will most likely be an addition to the nightclubs if passed by the federal government ( ). Numerous Ontario strip club owners are opened to allowing brothel expansions stating that legal, licensed, and inspected operations are safer for all than the many illegal operations that exist. Thus having the submission of legal brothels in Canada creates a safe working environment for prostitutes living in Canada.

Show More
Related

  • R. V. Keegstra Case Study

    1429 Words  | 3 Pages

    319(2) of the criminal code lead to the infringement of his rights of freedom of speech as guaranteed by s. 2(b). However, his appeal got denied and he was anyways tried and convicted. It was after this that he went to the Court of Appeal of Canada who decided that his freedom of speech is indeed being suppressed by the s. 319(2) of the criminal code and thus the case was further sent up to the Supreme Court of Canada. The question to be answered by the Supreme Court here was that whether or not his freedom of speech infringed by the s. 319(2) and if so, how can it be protected by s. 1 of the

    Read More

  • R. vs Oakes Case and Reasonable Limits Clause

    760 Words  | 2 Pages

    The Charter of Rights and Freedoms is an important document that allows us to live our lives without arbitrary governmental control, although there may be certain times when rights should be limited. The R. v Oakes case is a perfect example of this situation coming into play. David Edwin Oakes was caught with an unlawful possession of hash oil and was automatically convicted of trafficking, under section 8 of the Narcotic Control Act. By looking at the Charter, it was clear that section 8 of the NCA violated his right to be presumed innocent until proven guilty, guaranteed in section 11.d. With that in mind, the respondent brought in a motion that challenged section 8 of the Narcotic Control Act. Since the Supreme Court and the Crown were confident that the suspect was trafficking narcotics, they created a four criteria ruling, in order to reasonably limit the rights of the respondent. This is permissible under section 1 of the Charter, which states that “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms…only to such reasonable limits prescribed by law.”2 The respondent’s case passed the first criterion which stated that “the reasoning for limiting the Charter must be proven important enough to override a constitutionally protected right.” The case did not pass the second criterion which stated that “there must be an appropriate connection between the limitation of rights and the objective of the legislation.”2 Therefore, the appeal was dismissed and the respondent was released. After reviewing the case it was clear that even though the suspect did not have his rights limited against him, limiting rights should be used more often in severe cases.

    Read More

  • Section 11(b) of the Canadian Charter of Rights and Freedoms

    2803 Words  | 6 Pages

    One of the few purposes of the Section 11(b) of the Canadian Charter of Rights and Freedoms is to ensure that the right for a fair trial for every person criminally tried on Canadian soil and the right for them to be tried within a reasonable time. This ensures that when the trial is commenced in court while the evidence is fresh and available during the trial. However, trials in the Canadian justice system can be delayed due to many factors in which the criticism could be on either the Crown or the accused. This essay will examine the Supreme Court of Canada case R. v. Morin. In this case, the accused was charged for impaired driving and the trial date set 399 days after the judge scheduled the trial. In total this was 444-days after the accused was charged with the impaired driving offence. The final verdict of this case set a precedent in the justice system due to the decision by the Ontario Court of appeal that decided that the trial delay was reasonable due to lack of prejudice to the accused during the delay.

    Read More

  • Case of Canada v Bedford Analysis

    1671 Words  | 4 Pages

    Bibbings , Lois , and Donald Nicolson. 2000. “General principles of criminal law'? A feminist

    Read More

  • Comparison of US Bill of Rights and The Canadian Charter of Rights

    1400 Words  | 3 Pages

    McKercher, William R., ed. The U.S. Bill of Rights and the Canadian Charter of Rights

    Read More

  • Greatest Canadian: Pierre Trudeau

    1473 Words  | 3 Pages

    "Canadian Charter of Rights and Freedoms." Canadian Charter of Rights and Freedoms. 2nd ed. 1982. N. pag. Print.

    Read More

  • The Right to Freedom of Expression: R. v. Keegstra

    2813 Words  | 6 Pages

    R v. Keegstra: s. 2 (b) of the Charter of Rights and Freedoms versus s. 319 (2) of the Criminal Code

    Read More

  • Canada’s Charter of Rights and Freedoms

    1059 Words  | 3 Pages

    Three decades ago, honorable Prime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the individual rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country. The Charter of Rights and Freedoms is the document the truly separates Canada from all the other powerful nations and is really something that Canadian take a pride in. The Canadian Charter of Rights and Freedoms brings up many questions, but the biggest and most common question is How effectively does Canada’s Charter of Rights and Freedoms protect your individual rights? . To exactly know how effectively it protects your rights you can look at situations where it has protected and has not protected the rights of Canadians. The Charter of Rights and Freedom protects legal rights of Canadian whether they are a teenager or an adult, protects equality rights of Canadian and provides government services to all Canadians no matter what, ensures all laws are passed according to the Charter of Rights and Freedoms and provides equality rights and fundamental freedoms to Canadians for practicing their religion and other rights without interference.

    Read More

  • Is Flag Burning Protected by the First Amendment?

    2205 Words  | 5 Pages

    Rehnquist, William H., Brennan, William J. "A Casebook on the Law and Society: What Rights

    Read More

  • Women's Prostitution and the Criminal Justice System

    3507 Words  | 8 Pages

    == == Throughout the UK and internationally, the issue of prostitution is seen as an ever-increasing problem. For the purpose of this assignment I will concentrate on the issue of prostitution within the United Kingdom. There has been a marked rise in the incidence of street prostitution since the 1980s and a growth in the proportion of intravenous drug users involved in street prostitution. In Glasgow, police estimate that ar... ...

    Read More

  • The Canadian Charter of Rights and Freedoms

    2464 Words  | 5 Pages

    The Canadian Charter of Rights and Freedoms was signed into law by Queen Elizabeth II April 17, 1982. Often referred to as the Charter, it affirms the rights and freedoms of Canadians in the Constitution of Canada. The Charter encompasses fundamental freedoms, democratic rights, mobility rights, legal rights, language rights and equality rights. The primary function of the Charter is to act as a regulatory check between Federal, Provincial and Territorial governments and the Canadian people. Being a successor of the Canadian Bill of Rights that was a federal statute, amendable by Parliament, the Charter is a more detailed and explicit constitutional document that has empowered the judiciary to render regulations and statutes at both the federal and provincial levels of government unconstitutional. Although the rights and freedoms of Canadians are guaranteed, Sections one and seven of the Charter permit the federal and provincial governments to limit the rights and freedoms enjoyed by Canadians. Section one of the Charter designated ‘Rights and freedoms in Canada’ states “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” This section is frequently referred to and better known as the reasonable limits clause. The second rights and freedoms limiting section of the Charter, known as the ‘notwithstanding clause’ is Section thirty-three entitled ‘Exception where express declaration’ declares

    Read More

  • Canadian Human Rights

    858 Words  | 2 Pages

    Many people and nations around the world are deprived of human rights. The government in the countries or nations usually can not help the people being deprived. Either because the government is too poor to, it is not one of the things the government is looking into, or the government does not know or care. Because of this certain people, or even whole populations are denied human rights and their living conditions and way of life are usually not on the positive side of things. There are many wealthier countries trying to help but sometimes that is not enough. To what extent should Canada have a role in working to increase human rights protection in other nations?

    Read More

  • Litigation of R. v. Buhay

    1197 Words  | 3 Pages

    Canadian Charter of Rights and Freedoms, s 8, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11. Web.

    Read More

  • Freedom Of Religion In Canada

    1255 Words  | 3 Pages

    It is without a doubt that Canada is considered one of the most welcoming and peaceful countries in the entire world. Individuals fleeing conflicts from different continents, on opposites sides of the planet, view Canada as a safe haven, a place to thrive, succeed, and safely live life to its fullest potential. Excellent healthcare, education, and proper gun control are just some of the many priviledges freely given to those who are lucky enough to call Canada their home. The Rights and Freedoms of Canadians are incomparable to those of individuals living in other countries, and with freedom of religion being one of them, it becomes crucial that we respect and show acceptance of different religions. However, it is saddening to see that in

    Read More

  • Freedom Of Speech Should be Limited

    1338 Words  | 3 Pages

    Freedom of speech cannot be considered an absolute freedom, and even society and the legal system recognize the boundaries or general situations where the speech should not be protected. Along with rights comes civil responsib...

    Read More

More about Canadian Law: Fundamental Freedom of Thought, Belief, Opinion and Expression

Open Document