The court’s decision based on the treatment of young people in this case emphasizes on the concept of social justice, which means the fair allocation of wealth, resources and opportunity between members in a society. The appellant in this case, Louise Gosselin, was unemployed and under the age of 30. She challenged the Quebec Social Aid Act of 1984 on the basis that it violated section 7 of her security rights, section 15 of her equality rights in the Canadian Charter of Rights and Freedoms and section 45 of the Quebec Charter of Human Rights and Freedoms. For the purpose of this essay, we shall explore the jurisprudence analysis of section 7 and section 15 of the Canadian Charter of Rights and Freedoms. Section 7 states that everyone has the …show more content…
The purpose of this program was not stereotypical because the nature of the act corresponds with the actual needs and circumstances of the claimant as this treatment is actually giving aids to younger people to secure employment. (http://casebrief.wikia.com/wiki/Gosselin_v_Quebec_(Attorney_General). It was found that welfare recipients under 30 were not suffering from any negative pre-conception but rather it was an affirmation of their potential (https://en.wikipedia.org/wiki/Gosselin_v_Quebec_(AG)#Supreme_Court.27s_opinion). The government had a purpose for adopting this conspiracy because they had the plan to get people under the age of 30 into the working system. This would instill in them valuable skills to get permanent employment while also making up for the lower base amount they received. By doing this, the government was supporting the welfare recipients under 30 indirectly. The system that was adopted gave young people an incentive to be compelled to partake in its training program, which enabled them to learn and also have experience. Also aiding in the long run of their employment
When conducting research for my project, I came across a website that contained a few primary sources regarding the Salem Witch Trials. One of these primary sources was the photo of a legal document explaining the death warrant and reasons for execution of a woman named Bridget Bishop. Bishop was claimed to be a witch in Salem during the year 1692, and the document explaining her significance involving witchcraft resides in the Peabody Essex Museum in Salem, Massachusetts. My thesis for this primary source is that the judge and jury believed they were seeking justice by executing Bishop, a woman whose death was truthfully based on her differences as a person rather than actual crimes she committed.
The Canadian government only protects 18 out of 30 rights in the Universal Declaration and other important rights are ignored. For example, in article 26 of the Universal Declaration, it states that everyone has the right to education. This law is not included in the Charter but I think it is very im...
The Canadian Charter of Rights and Freedoms was implemented 1982 has been essential in providing justice for all Canadian citizens. Countless amounts of cases have been decided to create the Charter that is well known in today’s society. Sharon Turpin and Latif Siddiqui were accused of first degree murder and according to the law, the trial was supposed to be tried by a judge and jury. The accused demanded a trial by judge alone because they believed that they were entitled to such a right. The R. v. Turpin case was a significant case that was tough to decide upon because there were many violations of different statutes such as the Canadian Charter of Rights and Freedoms, and the Criminal
The Canadian Charter of Rights and Freedoms has long been the legal document that protects Canadian citizens from infringements made by unscrupulous politicians and legislators. However, there are questions explored about the Sections of the Charter and in those of Section 7 in particular. This is because of the protective function of Section 7 and its obligations of the protection of a citizen’s rights to life, liberty and security of the person. There are third parties that could be posing “threats” to Charter interests and therefore the extents of Section 7 in terms of its protective function for individuals’ rights are put into question. Section 7 of the Charter says that “[E]veryone has the right to life, liberty and the security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” The meaning of Section 7 is to adhere to each individual’s right to the sanctity of life, their physical liberty in a narrow sense, and the integrity of the person is to be kept secure. However, what would the extent of Section 7 be or moreover, what is the extent of each protected interest? The objective of this paper is to examine the extents of Section 7 of the Charter in which the focus is on the protected interests of life, liberty and security of the person. Each protected interest will be discussed in depth with its relationship to a specific Canadian court case. This will help to determine the extent of Section 7 and therefore help understand how much the Charter protects the freedom of Canadian citizens. For right to life, the First Nation communities in Canada had ‘high risk’ of threats to health in their water systems according to Health Canada. The focus of this topic...
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
The steps to becoming a Canadian citizen are comprised of several components. The fact of the matter is that citizenship does not end when an individual obtains the documents that enable them to participate within civic duties and responsibilities. Based on the evidence of expert T.H. Marshall, within his academic essay entitled “Citizenship and Social Class”, the formation of social citizenship “promised greater economic equality, improvements in social welfare, services and education, and the opportunity for individuals to "share to the full in the social heritage and … live the life of a civilized being according to the standards prevailing in the society” (Marshall 1964). Social citizenship is also attributed as the basis of all forms of citizenship, yet is often debated whether it is currently possible and exercised by those of who it would benefit. According to the principles of T.H. Marshall’s literary work, social citizenship is active, as demonstrated through: the four core aspects citizenship, the basis of social policy, and the resulting actions taken by governing bodies.
“Honey, you’re not a person, now get back in the kitchen and make me a sandwich!” If a husband were to say these words to his wife today, he would likely receive a well-deserved smack to the face. It is not until recently that Canadian women have received their status as people and obtained equal rights as men. Women were excluded from an academic education and received a lesser pay than their male counter parts. With the many hardships women had to face, women were considered the “slave of slaves” (Women’s Rights). In the past century, women have fought for their rights, transitioning women from the point of being a piece of property to “holding twenty-five percent of senior positions in Canada” (More women in top senior positions: Report). The Married Women’s Property Act, World War I, The Person’s Case, and Canadian Human Rights Act have gained Canadian women their rights.
From 1960 to 1990 the women’s movement in Canada played a significant role in history concerning the revolution of women’s rights. Although it was a long road coming for them, they were able to achieve the rights they deserved. Women struggled for equality rights to men but primarily their rights as a person. Since the 1960s women’s rights had significantly changed, they had to work hard for the rights that they have in the present day. Females across the nation started speaking out against gender inequality, divorce, and abortion. This uprising coincided with the Women’s Movement. Through the Royal Commission on the status of women they were able to gain equality rights and they were able to have access to legal abortions through the Charter Rights of Freedom and obtain no-fault divorce through the Divorce Act of 1986.
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). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their needs and complaints in human rights terms. Bryden states, “More and more, interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since it’s inception in 1982 the Charter has become a very debatable issue. A strong support for the Charter remains, but there also has been much criticism toward the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially antidemocratic and UN-Canadian. I believe that Parliament’s involvement in implementing the Charter is antidemocratic, although, the Charter itself represents a democratic document. Parliament’s involvement in implementing the Charter is antidemocratic because the power of the executive is enhanced at the expense of Parliament, and the power of the judiciary is enhanced at the expense of elected officials, although, the notwithstanding clause continues to provide Parliament with a check on...
Herring J., ‘The Human Rights Act and the welfare principle in family law – conflicting or complementary?’ [1999] C.F.L.Q.11 (3), 223-235
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 liberal welfare programs were started in the 1960s to help individuals obtain better job skills by allowing them to collect welfare benefits while being trained to be skillful in more successful positions. These programs were originally designed to be a temporary thing because so many jobs were lost due to mechanization, jobs moving from the city to the suburbs even outsourcing. The government failed to realize that these individuals were to be trained. Because they were spending so much money supporting these individuals they weren’t able to finance the ability to train these persons. These individuals never took upon their selves to get the training that was needed to better him/her. They were okay with taking a hand out and not working for their selves. These individuals were okay that someone else’s hard earned money was being used to tak...
Ideological, social, political, and economic factors of a given period play key roles in developing and maintaining any social welfare policies in which the area of child welfare is not an exception. Throughout the history of child welfare legislation in Canada, Acts have been passed and modified according to the changing concept of childhood and to the varying degree of societal atmosphere of each period.
In Canada, our society is governed by the philosophy and principles of liberalism, which is the foundation of the legal and political institutions in the Western world. Liberal society highlights individual rights, freedoms and autonomy while limiting state power and the scope of the legal system (Stoljar, Lecture). There are three liberal principles that are protected through legal doctrines, (Stoljar, Lecture). The first is the ‘rule of law,’ which is impartial, stable, and measured, and must be distinguished from the ‘rule of man,’ which is irrational, temperamental and unpredictable, (Stoljar, Lecture). The second is that law should be neutral and impartial, which means that it’s removed from politics and biased assumptions, (Stoljar, Lecture).
...deal parenthood and allowing the government to roll back the payments or make them conditional. To be called welfare dependent leads to the assumption of being irresponsible parents and to being excluded from sufficient state support. At the same time, the vagueness of the term “welfare dependency” itself as well as the ambiguity of those notions/categories used for welfare reform justification (e.g. parenthood) must have actually made them extremely useful for the governments.