Canadian Supreme Court Essay

Canadian Supreme Court Essay

Length: 1089 words (3.1 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

In 1990, the Canadian Supreme Court exempted members of the Musqueam community from general fishing restrictions on cultural grounds.
Choose either the “unequal impact argument” or “the cultural resources argument” and explain how it might be used to support the view that it was right to grant an exemption in this case. Evaluate the strength of the argument as it applies to the case.

On the 25th May 1984 Musqueam Band Member Ron Sparrow was caught fishing in the traditional Indian Fraser river fishery, using a 45 fathom drift net in direct contravention of his band’s food fishing licence issued by the Canadian Department for Fisheries which stipulated that Musqueam band members could only use drift nets 25 fathoms long to reduce their catch in the interest of conservation of the fishery. The Musqueam community decided to defend Ron Sparrows use of a longer drift net on the basis of the Band’s aboriginal fishing rights and the new constitutional recognition and affirmation of aboriginal rights in section 35 of the Canadian Constitution, which is part of the supreme law of Canada.
. The argument that the Musqueam band’s Defence used was made up of four points first, that they had an aboriginal right to fish in the waters where they had fished for centuries; second, Musqueam aboriginal rights had never been extinguished by treaty or otherwise; third, that section 35 was a constitutional guarantee of their aboriginal fishing rights; fourth, that section 35 guarantee operated to invalidate any government regulation that infringed on the free exercise of aboriginal fishing rights unless the regulation was justified by government as a necessary and reasonable conservation measure; The reasonableness of the net length restriction w...

... middle of paper ... , The Open University)

It is clear that the Musqueam Band are a cultural group as they observe the same traditions and values and have the same outlook on life. So the exemption was the right thing to do as to deny them it would have discriminated against them culturally as a community and religiously as they not only use what they catch in the fisheries for food as it is the principle staple of their diet but also for ceremonial purposes, which is important for them to be able to observe as well as preserve their unique culture.
Difference blind liberalism would reject the exemption on the basis that the law should apply equally to everyone. And the granting of such exemptions is clearly not applying the law equally. This is why such importance is placed upon discrimination, equality, autonomy and cultural groups when policies and laws are formulated.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

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

- ... 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)....   [tags: supreme court, r. v skinner ]

Strong Essays
713 words (2 pages)

Essay on The Supreme Court of Canada and the Charter

- The Supreme Court of Canada and the Charter A democracy is a way of governing a country in which the people elect representatives to form a government on behalf of the country; with such a government, the idea is that everyone in that country has social equality. Social equality is state of uniformity in quantity, measure, value, privileges, status, or rights within a given society. Canada is thought to be a democratic country because, similar to the definition, the Canadian citizens select representatives by ballot to form a government on behalf of the country....   [tags: Papers]

Strong Essays
2274 words (6.5 pages)

The Canadian Charter of Rights and Freedoms Essay example

- 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...   [tags: Canadian Bill of Rights, Politics]

Strong Essays
2464 words (7 pages)

Canadian Efforts for Transgender Equality Essay

- Bill C-279 is an act to amend the Canadian Human Rights Act and Criminal Code. It is sponsored by Randell Garrison from the NDP. This bill is introduced as a private members bill. This is an interesting fact because when a bill is introduced as a private members bill it is likely that they do not become legislation. Surprisingly this bill is in its second reading in Senate as of February 4th 2014. What this bill focuses on is to include gender identity as a prohibited ground of discrimination. Currently this bill has passed with 150 voters in favour of the bill and 132 against it....   [tags: canadian human rights, bill c-279]

Strong Essays
1656 words (4.7 pages)

The Quasi-Legislative Effect of the Supreme Court of Canada Essay

- The Quasi-Legislative Effect of the Supreme Court of Canada Daniele Zerbo 300119020 25 March 2014 INTRODUCTION The Charter of Rights and Freedoms, 1982 symbolized a new era for Canada. Championed by Pierre Elliot Trudeau, the charter entrenched the fundamental rights and freedoms of Canadian society, and allowed for those rights to be enforced by any individual should they be infringed upon. The enactment of the Charter of Rights and Freedoms illustrates yet another shift from traditional Westminster style of governance, and created a new political atmosphere....   [tags: politics, federalism, interpretation ]

Strong Essays
2332 words (6.7 pages)

Essay on Does the Canadian Charter Effectively Protect our Human Rights?

- Apart from the other laws in Canada’s constitution, the Canadian Charter of Rights and Freedoms is an important law that affects every Canadian’s rights and freedoms. It was created in 1981 by former Prime Minister Pierre Trudeau to provide legal protection for the most important rights and freedoms. These rights include fundamental freedoms, democratic rights, mobility rights, and legal rights. Most but not all articles included in the Universal Declaration of Human Rights are protected in the constitution....   [tags: Canadian Charter, Canada, human rights,]

Strong Essays
649 words (1.9 pages)

The Canadian Charter of Rights and Freedoms Essay

- The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240)....   [tags: Government]

Strong Essays
1627 words (4.6 pages)

Essay Canadian Tort Law

- Engineers, contractors, and other businesses must be mindful of and knowledgeable of their legal obligations when performing their occupation or supplying a product. Negligence in the design or construction of a product that results in damage or bodily harm, or could result in damage or bodily harm, can result in liability for economic loss under Canadian Tort law. Engineers, architects, and contractors need to be respectful of their duty of care to ensure their product is precisely produced with no danger of negligence....   [tags: Engineers, Contractors, Businesses, Economy]

Strong Essays
1337 words (3.8 pages)

Contempt of Court in Canada Essay

- Introduction This paper is concerned with the common law of contempt of court. More specifically, it outlines the arguments in favour of, and against, codifying this law. The purpose is to discuss problems with contempt of court, and make proposals to restructure the law. The first part of this paper will explain the openness principle, which is the balancing factor in respect of contempt of court. The second part will outline the common law offence of contempt of court and narrow the scope of this paper....   [tags: essays research papers]

Strong Essays
2389 words (6.8 pages)

The canadian criminal code Essay

- The Evolution of the Canadian Criminal Code The laws of the United States have been revised numerous times, and the Criminal Code of Canada is similar. The Criminal Code is a systematically arranged body of law dealing with crime. The code has been revised multiple times over the past century by the federal government to help accommodate the numerous laws that have been applied to Canadian citizens. The history of homicide in the Criminal Code has evolved from having no degrees of murder in 1892 to having three types of culpable homicide (Leyton)....   [tags: essays research papers fc]

Strong Essays
1785 words (5.1 pages)