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Essay on charter rights
Essay on charter rights
Essay on charter rights
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Charter Case Analysis: R.v.Latimer Case Summary This case was about a father by the name of Bob Latimer, this man had a daughter who was suffering with a disease called cerebral palsy. The disease was unfortunately entrenched with his daughter since her birth and was caused by brain damage. The disease made her immobile with the exception of the rare movements she showed through facial expressions or head movements. Twelve year old Tracey Latimer was in continuous pain every moment of her life and she was incapable of taking care of herself despite her age. She was bedridden and could not communicate with anyone in her family; she was more like a living corpse. Hoping only to better her condition, her family took her through several surgeries where some were successful but did not really benefit her in any way. Tracey had five to six seizures everyday and her condition would only get worse. All this was unbearable to her father Mr. Latimer like it would be to any loving father and it was then that he decided to end her pain and suffering. Latimer put Tracey into the cab of his truck and suffocated her. He did this by attaching a pipeline into the exhaust of the cab and this allowed carbon monoxide to enter the car which eventually leads to the painless death of his daughter. He was first convicted in 1994 of second degree murder with a life sentence term of 25 years and without parole for 10 years. Latimer then appealed his case to the Supreme Court and the previous decision was upheld. However, there was an error found in the procedure of the trial as some of the jury members were questioned on their beliefs in relation to the crime on the basis of religion, mercy killings, and etc. which then constituted the trial as unfair und... ... middle of paper ... ...? This case is important to Canadians everywhere because it shows the importance our government gives to fairness and equality as well as one’s life and justice. The case gives us something to be proud of, it shows that no matter how many trials it takes, or how long it takes, our jurisprudence aims to always serve justice. The final verdict of the case proved that Works Cited "650.1. Pre-charge conference." On Canadian Law. N.p., n.d. Web. 25 Nov. 2013. . "Criminal Code of Canada." Criminal Code of Canada. N.p., n.d. Web. 25 Nov. 2013. . "Robert Latimer | Murderpedia, the encyclopedia of murderers." Robert Latimer | Murderpedia, the encyclopedia of murderers. N.p., n.d. Web. 25 Nov. 2013. .
This case in particular is very important to all Canadians everywhere because it demonstrated the possibility of racial discrimination to occur till this very day. Even though the Crown was not able to clearly declare whether the people from Roma was what the Neo-Nazis were referring to as “Gypsies”. Also this case provides that even though there was only an accusation towards the Neo-Nazis because of the wilful promotion, the government will take matters into consideration and arrest the people who are suspected of taking part in this situation. In addition, it shows how the government will not tolerate any sort of discrimination or racism against any identifiable and/or minority group.
Zhang, Colin, ed. “Canadian Criminal Code.” YourLaws. N.p., 11 Nov. 2013. Web. 15 Apr. 2014. .
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
Contrary to the dissent opinion from three other judges, as the justice Deschamps write the majority opinion, she emphasizes and encourages the use of social facts in the court to make a superior judgment that can change Canadian’s lifestyle. Both the majority and the dissent opinion often cite each other’s and argue that their own interpretation is correct on multiple occasions. For example, both sides argue about R. v. Morgentaler [1988] 1 S.C.R. 30 and how it can be referenced in the Chaoulli case. While the majority argued that due to the “consequences of delays, that the procedure then provided for in s. 251 of the Criminal Code, R.S.C. 1970, c. C‑34, jeopardized the right to security of the person” (Chaoulli v. Quebec, para 43). The dissent argued that Morgentaler case was “involved criminal liability, not public health policy” (Chaoulli v. Quebec, para 167) and continue to say that “The proper forum to determine the social policy of Quebec in this matter is the National Assembly” (Chaoulli v. Quebec,
Systemic discrimination has been a part of Canada’s past. Women, racial and ethnic minorities as well as First Nations people have all faced discrimination in Canada. Policies such as, Charter of Rights and Freedoms, provincial and federal Human Rights Codes, as well has various employment equity programs have been placed in Canada’s constitution to fight and address discrimination issues. Despite these key documents placed for universal rights and freedoms Aboriginal and other minority populations in Canada continue to be discriminated against. Many believe there is no discrimination in Canada, and suggest any lack of success of these groups is a result of personal decisions and not systemic discrimination. While others feel that the legislation and equality policies have yet resulted in an equal society for all minorities. Racism is immersed in Canadian society; this is clearly shown by stories of racial profiling in law enforcement.
The Bedford Case was initiated in 2007 by three sex-workers who challenged three provisions within Canada’s Criminal Code, as they argued these sections violate sex workers constitutional rights (Bennett, 2013). The Supreme Court ruled that these provisions do in fact violate section s.7 of the Charter of Rig...
The Person’s Case movement was a major step for women’s rights in Canada. The change allowed women to undertake leadership roles in the Canadian government, as well as gain access to public life. Although these opportunities gave women the ability to make contributions to Canada, it also allows them to participate in future events to come to make an impact in the world
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
Beasley, James. 2004. “Serial Murder in America: Case Studies of Seven Offenders.” Behavioral Sciences and the Law 22: 395-414
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
The Rule of Law appears to be one of the single most important features of Canadian society―perhaps even in all of modern society. The very idea that criminal and civil penalties fall equally across the populace without regard to distinctions such as social class is one that is held highly, with one example being its place as a constitutional amendment in the United States. While this global adoption is a contemporary addition to humanity’s norms, with it beginning in England and spreading through colonialism, Rule of Law has taken to root surprisingly well. It is therefore disheartening that this esteemed cornerstone is subject to such rampant hypocrisy, even in the heart(s) of the so-called ‘Western World’. Despite the Equal Protection Clause
Buckman, Adam. “Following Footsteps of a Killer.” New York Post (Nov. 2002): 124: Proquest. Web. 28 Feb. 2014
What would cause an individual to behave in this rather heinous and macabre manner? Using Robert Pickton as a case study, this paper will explore the phenomenon of serial murder and apply research literature to help explain his behaviour and examine issues such as psychopathy, mental disorder, and substance abuse relevant to the Pickton case. In addition, the paper will explore the sexually sadistic nature of Pickton’s murders. Finally, the paper will explore the reasoning behind Pickton’s selection of drug addicted prostitutes as victims that enabled him to conduct his murders in relative anonymity. ...
Although federal agencies are normally likely to win when they appear before the Supreme Court, it is not clear what affects the outcome of the cases. Several factors are thought to play a role and scholars seek to identify and explain them, but it is difficult because the Court changes over time. A key theme seen in all of the articles is to determine if the justices’ ideological and policy preferences affect the outcome of the case. By looking at articles published by Crowley (1987), Deen (2005), Richards (2006), Sheenan (1990; 1992), Smith (2007) and Tanenhaus (1960), the coverage of different types of agencies, time periods, key factors in decision making, and consistency will better explain variations in the overall rate of success.