Does freedom of expression mean you are permitted to utter any statement to anyone? If not, what are you allowed to say and to whom? James Keegstra took his freedom of expression to a limit, which forced the Supreme Court of Canada to answer these difficult questions. Keegstra was a high school teacher in Eckville, Alberta. In 1984, he was charged with the unlawful promotion of hatred against an identifiable group under s.319 (2) of the Criminal Code. These charges were based on his…
Summary B.C’s controversial automatic roadside prohibition (ARP) scheme – the toughest drinking and driving law in the country – has been largely upheld in a recent decision by the Supreme Court of Canada. Introduced in 2010, the ARP scheme involved efforts to remove impaired drivers from B.C’s roads through the use of license suspensions, financial penalties and remedial programs. The scheme necessitates roadside checks and analysis of drivers’ breath samples using an approved screening device…
Canadian identity, many Canadians, from high school students to prime ministers have tried to find the meaning of those two words. What is this Canadian identity, what makes it so much harder to define that of other countries? Many Canadians have dedicated lifetimes of work trying to find the one special thing that makes Canadians Canadian. But, perhaps there is no just one thing that makes up the whole of Canadian identity. The many different variables that make up the country of Canada make it…
Ever had to clean a room for guests by sweeping clutter under the couches or trashing it behind drawers? The exterior facade of furniture covers the mess, tricking the guests into thinking that they are in a safe, clean environment. Censorship is basically the couches and drawers that cover up the unwanted content from potential viewers. Simply hiding the clutter is taking the easy way out, pretending that the undesirable content is nonexistent instead of acknowledging it, or properly dealing…
Canada’s independence was influenced by many factors such as the 1982 constitution, which added the charter of right and freedom for Canada, Canada 's choice to join world war 2, in the first world war we were forced to fight along Britain although for world war 2 we chose to fight with them. Finally, Canada’s contribution to both world wars. Canada was a colony of the British Empire, meaning Britain retained overall legislative supremacy. In 1982, Pierre Trudeau introduced several new…
had been delayed until September 1986, almost two years after the preliminary trial. The Supreme Court of Canada had established the criteria and standards that Canadian Courts judge whether an accused’s rights under the Charter of Rights and Freedoms have been infringed. Under S.11 of the Charter states that anyone charged has the right to be tried within a reasonable time frame. Askov and his friends successfully argued that the criminal charges against them should be stayed on the…
should continue to prohibit public hate speech via the Criminal Code and human rights laws to protect select identity communities from harm. This debate paper will explore the different types of hate speech offences, their consequences, and the available defences. Additionally, it will look at the lived perspectives of the Indigenous and Chinese communities. Finally, it will present…
democratic government. Unfortunately, Iraq has not been as successful as Canada in developing their criminal justice system. Iraq shares some of the same ideas as Western criminal law such as; right to a fair trial, right to an attorney and a right to be proven innocent until guilty (Canadian Charter of Rights and Freedoms, 1982, s 10-11). Although the systems are alike Iraq has procedural issues like, longer wait times for trials and many accusations of coercion for confessions (Council on…
medication prescribed to them by a doctor, or euthanasia, where a doctor directly ends the person’s life. There is currently an intense debate surrounding both assisted suicide and euthanasia in Canada, however, the majority of Canadians agree that legalization is the right way to go, for…
system in the way cases are questioned, investigated and solved. On the other hand, DNA sampling raises issues involving privacy and the violation of human rights due to its personal, unique makeup and the fact that it is stored in a database. The consideration for all members of society is still a struggling issue as the rights and freedoms of criminals are still at risk within the boundaries of the law. It is questioned whether DNA…