R V. Khawaja Case Study

824 Words2 Pages
bulb-icon

Recommended: Describe the nature of terrorism

Case R v Mr. Khawaja

Introduction:

On December 14, 2012, the Supreme Court of Canada looked at sections 83.01 of Criminal Code that criminalize terrorist activities and if it violated the right to liberty and freedom of expression guaranteed in the Canadian Charter of Rights and Freedoms. They looked into the complaint made by Mr. Khawaja the first person ever charged under section 83.01 of the criminal code.

Facts:
Mr. Khawaja was a computer programmer born in Canada who live in Ottawa. In 2004 he became obsessed with Osama Bin Laden and terrorist groups such as boko haram. On social media he expressed extreme dislike for Western involvement in the Middle East. Mr. Khawaja posted blogs urging Muslims in the United States of America …show more content…

Human rights complaints against Maclean's magazine were filed in December 2007 by Mohamed Elmasry of the Canadian Islamic Congress with the Canadian Human Rights Commission.Then filed a complaint to the Commission against Maclean’s magazine concerning an article “The future belongs to Islam” allege that this article violated muslims human rights. By Mark Steyn the magazine claimed that Muslims are on the verge of dominating Europe and the West because of a demographic shift. The article claims that their greater numbers will eventually allow Muslims to dominate Western countries.The article goes so far as to quote a European imam who allegedly said Muslims are reproducing like "mosquitoes." The complaint claimed the article is one of the many Maclean’s articles targeting Muslims and promoting hate as well as discrimination against muslims.

Ruling:
Human Rights Commission dismissed the complaint.

Human Rights commission:
The Human Rights Commission decided to dismiss the Islamic Congress complaint against Maclean’s magazine. The Commission stated that "when considered as a whole and in context, are not of an extreme nature, as defined by the Supreme Court." the Commission said “there is no reason to warrant the appointment of a tribunal to look into the matter”. The commission also said that the article was rude and stated “obviously calculated to

Show More
Related

  • Al-Jabarti's and His Chronicle of the French Occupation 1798

    605 Words  | 2 Pages

    Livingston, John W., and Al-Jabarti. "The Rise of Shaykh al-Balad 'Ali Bey al-Kabir: A Study in

    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

  • Honor Killing Case Study

    2244 Words  | 5 Pages

    The Canadian justice system was outraged realising several statements “"It is difficult to conceive of a more heinous, more despicable, more honourless crime … The apparent reason behind these cold-blooded, shameful murders was that the four completely innocent victims offended your completely twisted concept of honour … that has absolutely no place in any civilized society." (Judge Robert Maranger, 2009). Leaders all across the country were content that justice had prevailed for the Shafia women "This government is committed to protecting women and other vulnerable person from all forms of violence and to hold perpetrators accountable for their acts." (Federal Justice Minister Rob Nicholson, 2009). The Afghan Canadian embassy referred to the murders as “sickening” and “unacceptable”. It did not represent Islamic culture in

    Read More

  • R. V. Turpin Case Study

    946 Words  | 2 Pages

    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

    Read More

  • R V Lavallee Case Study

    734 Words  | 2 Pages

    R. v. Lavallee was a case held in 1990 that sent waves through the legal community. The defendant, Lyn Lavallee was in a relationship with her partner, Kevin Rust, in which he would abuse her both mentally and physically. On the night of the incident, Lyn and her husband got into a fight, her husband pulled out a gun and told her if she didn’t kill him now he’d be coming for her later. When leaving the room, Lyn shot Kevin in the back of the head killing him instantly. She was convicted of murder, but when brought before the Manitoba Court, she was acquitted of the charges. An appeal was made to the Manitoba court of Appeal on the grounds that expert testimony should not be admitted as evidence in the courts. They argued that the jury was perfectly

    Read More

  • Section 7 of The Canadian Charter of Rights and Freedoms

    1891 Words  | 4 Pages

    MacDonnell, Vanessa A. "The Protective Function And Section 7 Of The Canadian Charter Of Rights And Freedoms." Review Of Constitutional Studies 17.1 (2012): 53-85. Academic Search Complete. Web. 16 Nov. 2013.

    Read More

  • The Judicial Process and Batson Case

    2726 Words  | 6 Pages

    Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.

    Read More

  • The Canadian Charter of Rights and Freedoms: Defender of Democracy

    1525 Words  | 4 Pages

    Canadian Charter of Rights and Freedoms, s 2, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.

    Read More

  • The Canadian Charter of Rights and Freedoms

    1627 Words  | 4 Pages

    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...

    Read More

  • Crime in Canada

    1672 Words  | 4 Pages

    Anand, A. (2011). Combating terrorist financing: Is Canada’s legal regime effective? University of Toronto Law Journal, 61(1), 59-71. Retrieved from http://library.mtroyal.ca:2078/journals/university_of_toronto_law_journal/v061/61.1.anand.html

    Read More

  • The Importance Of Freedom Of Speech In Charlie Hebdo

    1811 Words  | 4 Pages

    Freedom of speech is an expected universal freedom. It is a legal expectation in the countries that have signed the Universal Declaration of Human Rights and the International Covenant for Civil and Political Rights. Both of these documents grant freedom of expression and opinion across all frontiers. However, free speech is a western ideal that is subject to restrictions explicitly stated in these documents, as well as a universal understanding that others should not infringe on someone’s safety, rights and freedoms based on the idea that it is morally wrong to do so. Charlie Hebdo, a French satirical magazine that “often targets radical Islam,” has become a case study for arguments over freedom of speech. (Sherwin, 2015).While Charlie Hebdo’s

    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

  • Trudeau’s Overreaction to the October Crisis in Quebec

    2274 Words  | 5 Pages

    The Front de libération du Québec was founded in 1963 during the “Quiet Revolution”, and for seven years, they carried out several minor bombings, with few FLQ members involved in each of the bombings, as they were relatively small scale. However, the Canadian government took little notice of these actions until Oct...

    Read More

  • The Canadian Criminal Justice System

    1961 Words  | 4 Pages

    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...

    Read More

  • The Reluctant Fundamentalist

    2167 Words  | 5 Pages

    Mohsin Hamid is a Pakistani writer and self-confessed “transcontinental mongrel”. Born in 1971 in Lahore, Hamid shifted to the United States at the age of eighteen. He attended Princeton University and Harvard Law School and worked briefly as a management consultant in New York. After living in London for a few tears, he moved back to Pakistan and currently lives in Lahore with his wife and daughter.

    Read More

More about R V. Khawaja Case Study

Open Document