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    Case Study Legal Pluralism

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    Introduction I will present how the Supreme Court of Canada handles the competition between normative orders. This paper will consist of a brief summary of the case, the decisions of the judges and what drove them to this decision alongside a mixture of Brian Tamanaha’s (author of Understanding Legal Pluralism: Past to Present, Local to Global) point of view concerning this case in an indirect manner. I will also answer three complicated questions concerning this case. First of all, in order to…

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    2(b) of the Canadian Charter of Rights and Freedoms, is one of Canada’s most valued rights in the bill of rights of the Constitution. It is has paved the way for the society in which thirty-five million people reside today. With this level of influence and admiration, it is truly a fundamental right. However, many ground-breaking cases have illustrated the need to limit freedom of expression. A prime example is the landmark case that took place in 1990 surrounding high school teacher, James…

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    R V Fearon Case Study

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    1985, c. C‑46. These provisions breach the rights of prostitutes under s.7 of the Canadian Charter of Rights and Freedom because they criminalize several activities that are linked to the profession. S. 210 of the Criminal Code criminalizes the concept of prostitution houses; s. 212(1) (j) makes it in offence to live on the benefits of the profession;…

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    Zero tolerance policies are strict rules placed in schools to dictate pre-determined consequences for certain infractions involving violence and drugs. Offenses such as bringing a weapon to school or drug possession are to be punished with suspension or even expulsion. The purpose of these policies was to remove some of the discretion schools had over student discipline and in turn combat racism in the administration. Recently, zero tolerance policies have come under fire as more and more…

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    Charter Of Rights

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    Canadian Charter of Rights and Freedoms is the sole piece of legislature which balances equality and liberty, whilst taking into perspective individual rights in opposition to the needs of society. The manner with which the charter is composed upholds the balance of liberty and equality justly; however, in practise the charter is implemented with the neither the honour nor the justice for which the spirit of the law intended. Furthermore, sections one, twenty four, and eight of the charter aptly…

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    Rights And Freedoms

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    Introduction In Canada, the Charter of Rights and Freedoms is considered to be one of the fundamentals of this nation. In the text below, I will argue that the Charter has indeed strengthened democracy in this nation by illustrating five points. I fully agree with Larry Diamond, a political scientist, on his point of view of democratic system. He believes that it should include active participation of all citizens by making a law that protects and applies to the population equally. What is…

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    For decades Diane Ravitch was a tremendous supporter and proponent of school reform, advocating for government and privatized educational reforms such as America 2000, No Child Left Behind (NCLB), accountability, and charter schools. The ideas of reconstructing and reorganizing the public school system seemed like it was too good to be true; and Ravitch realized that this vision was in fact just that. Through Ravitch’s experiences, she has been exposed to the truth of the reforms that took…

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    Issue One: Did Justice Anthopolous err in finding that the police detention of the Applicants and the vehicle was lawful and not arbitrary under s. 9 of the Charter? Justice Anthopolous was correct in finding that the detention of the vehicle and the occupants within did not violate section 9 of the charter of rights and freedoms (the right to not be arbitrarily detained) and the detention of the vehicle was lawful and not arbitrary, the detention of Alomar and Bell was the result of an ongoing…

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    Charter Of Freedoms

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    that the Canadian Charter of Rights and Freedoms were established over a century later, entrenched in Canadian law. However, in our modern society, there still persists a struggle between two major groups: those who wish to enforce policies and those who wish freedom from any such enforcements. The Charter has formed the base around which both groups build their arguments. The task of balancing and deciding which side is in the right falls upon judiciaries, who utilize…

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    When students drop out of school, it limits their opportunities in the job industry and causes some to become illiterate due to them not understanding what is occurring around them. In the newsletter, Messacar and Oreopoulos claim, “On average, a dropout earns less money, is more likely to be in jail, is less healthy, is less likely to be married, and is unhappier than a high-school graduate” (1). In this newsletter, it represents students who drop out…

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