Charles Ng Charles was a serial killer born in Hong Kong and immigrated to the United States then Canada. He convicted (in both countries combined) for Burglary, Kidnapping, Conspiracy, Attempted Murder and Murder. In Charles’ case, he was either going to be put in jail for the rest of his life in Canada or put on death row by the United States government. This resulted in a dispute between the Canadian and American government as Canada clearly knew the outcome that would come out of extraditing Charles. It could have been easy to simply send Charles to face justice in a country where he murdered and raped between 11 and 25 people. But the Canadian Government had to stand behind its core values included in the Charter of Rights and Freedoms. …show more content…
Burns and Rafay Case Glen Burns and Atif Rafay were two Canadian Citizens accused of murdering Rafay’s family in Bellevue, Washington. The two returned to Canada and later confessed to an undercover officer for the crimes they had committed back in the United States, once confronted, they claimed that they had fabricated those confessions but the process of extraditing them to face justice in the United States was started. It is important to mention that this case followed the Charles Ng case which means the ruling that had preceded it could and was used in the favour of the accused. Burns and Rafay used every legislation possible to avoid being extradited and put on the death row. Being Canadian citizens this allowed them to employ Section 6 of the Charter, which states “Every citizen of Canada has the right to enter, remain in and leave Canada.” and protects them from exile. Section 7 which protects their right to live “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” in concordance to Section 12 “Everyone has the
There were a number of things that were taken into consideration before the court could reach any final judgment. The history of hate propaganda was brought into consideration. Prior to the Canadian Charter, the laws like De Scandalis Magnatum, laws for the crime of seditious libel provided that a person was free to express what he wanted unless he has an intention or disobey openly, act in a violent way against the authority or he has a seditious attention where there is a unlawful use of force for bringing about a governmental change in
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.
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.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
The controversy surrounding the trial and execution of Louis Riel has been debated throughout Canadian history with the French-speaking Canadians firmly planted against the English. Today, the government has recognized Riel as the legitimate leader of the Métis people. He is now regarded as a hero for representing the Métis.
Search and seizure in Canada has evolved into the Charter of Rights and Freedoms as an important asset in the legal world. The case of R v. TSE sets an important example of how unreasonable search and seizure is in Canada. An important section that relates to this case is s. 8. The main concerns with this case are whether the police abuse their powers to search and seize Yat Fung Albert Tse, the fact that when the police did enter into the wiretap they did not have a warrant and also that it is a breach of privacy without concern.
Democracy is more than merely a system of government. It is a culture – one that promises equal rights and opportunity to all members of society. Democracy can also be viewed as balancing the self-interests of one with the common good of the entire nation. In order to ensure our democratic rights are maintained and this lofty balance remains in tact, measures have been taken to protect the system we pride ourselves upon. There are two sections of the Canadian Charter of Rights and Freedoms that were implemented to do just this. Firstly, Section 1, also known as the “reasonable limits clause,” ensures that a citizen cannot legally infringe on another’s democratic rights as given by the Charter. Additionally, Section 33, commonly referred to as the “notwithstanding clause,” gives the government the power to protect our democracy in case a law were to pass that does not violate our Charter rights, but would be undesirable. Professor Kent Roach has written extensively about these sections in his defence of judicial review, and concluded that these sections are conducive to dialogue between the judiciary and the legislature. Furthermore, he established that they encourage democracy. I believe that Professor Roach is correct on both accounts, and in this essay I will outline how sections 1 and 33 do in fact make the Canadian Charter more democratic. After giving a brief summary of judicial review according to Roach, I will delve into the reasonable limits clause and how it is necessary that we place limitations on Charter rights. Following this, I will explain the view Professor Roach and I share on the notwithstanding clause and how it is a vital component of the Charter. To conclude this essay, I will discuss the price at which democr...
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
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
Convicted for the murders of his wife and two kids, thirty-four years ago, Dr. MacDonald still endures the agony of being accused of killing his family. Even after twenty-four years of imprisonment and several unlawful court hearings, additional documentation continues to up hold Dr. MacDonald’s testimony.
Cameron, Jamie. "Justice in Her Own Right: Bertha Wilson and the Canadian Charter of Rights and Freedoms." The Law Society of Upper Canada. N.p., 2008. Web. 29 Dec. 2013. .
The Canadian Justice system is run like a well-oiled machine. It is based on the fair and humane treatment of suspects who remain innocent until proven guilty. There is one big question that has been debated since July 14th, 1976 - should the death penalty have been abolished in Canada? The new younger generation of Canadians seems to agree with me that the death penalty should be resurrected in Canada.
Evidently, Truscott received financial compensation for the ordeal and the suffering it brought to his life by being awarded $6.5 million from the Government. This led to the conclusion that in this case (like many others) the police were solely and unjustly targeting one person. I learned a great deal from this case about Canada’s previous laws. Prior to the case, I had known about the death penalty and that it was legal in Canada, but I did not know when it could be implemented.
Although this dispute was solved before things got out of hand, it was apparent that Canada wanted to have a say in its affairs. This Chanak affair signaled that Canada wanted independence from
Mauer, Marc. "The Race to Incarcerate." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars? Press, 2000. 89-99.