Section Eight of the Canadian Charter of Rights and Freedoms

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    In Alomar and Bell’s case there is a definite infringement on section 8 of the Canadian Charter of Rights and Freedoms and therefore, the photographs of Ms. Alomar holding a handgun should be inadmissible to the trial. Including this evidence would be injustice when coming to a final verdict due to the fact that it violates section 8 of the Charter which states that “everyone has the right to be secure against unreasonable search and seizure” The search of the photos was not authorized by the law because there was no consent expressed or implied by Ms. Alomar. Reason for judgment is found in paragraph 19 and quotes “Det. Colabello immediately went into the cell phone log and noted the last two or three cells in her note book. She also looked…

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    legal rights. Society in Canada could be related to most countries with not enough recognition of certain groups in recent history, however, with the Charter of Canadian Rights and Freedoms enacted in 1982, people’s rights are beginning to be acknowledged and protected from unfair laws that transpire. In more recent years, there have been changes made to the law in Canada and multiple communities are more accepting of bodies of people who have been denied proper protection of rights that they…

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    Charter Of Rights

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    In essence, the 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…

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    Tainted Imported Goods

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    The Detrimental Effects of Tainted Imported Goods Entering Canada Canadians enjoy life adorned in materialistic goods that are produced as a result of the degradation of other human beings in foreign countries. There are thousands of children, women and men that suffer due to the working conditions and corruption in their states, while a country that preaches equality and multiculturalism turns a hypocritical blind eye to the injustices they claim to be fighting to stop. Factories collapse in…

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    ensuring that the laws of the land uphold the rights and freedoms of the Charter. Though the Supreme Court acts as a system of checks and balances on the executive power of Canada, at what point does the system of the court give the judiciary too great a level of power? When acknowledging the constitutions and legislature in which the Supreme Court justices gain and hold their power, s. 1 of the Canadian Charter of Rights and Freedoms, and the lack of equal representation in the court, it is…

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    Charter Of Rights Analysis

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    The Canadian Charter of Rights and Freedoms came to be in April of 1982. Its purpose is to protect the people’s rights and freedoms by limiting the government’s authority over which laws to pass. The laws that are passed must be in harmony with the Charter. Its different sections are left up to the courts to interpret it as they deem fit to individual cases. According to the Charter, everyone is to be “treated equally regardless of race, national or ethnic origin, colour, religion, sex, age,…

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    the rights outlined in the Charter of Rights and Freedoms, Section Eight. The sample was used to show that Kroeger’s blood alcohol level was 0.14 which is twice the legal limit. The lawyer of the accused claimed that the RCMP officer that pulled Kroegor over ordered Kroegor to blow in his face. The other argument made was that there was a two hour delay in transporting the accused…

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    R V Askov Case Study

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    with conspiracy to commit extortion in November 1983 against Peter Belmont . The trial 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…

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    “When all men give to all others all the rights they claim for themselves, this world will be civilized”, said Robert G. Ingersoll, an orator of United States during the Golden Age of Free Thought. Although the rights of Lesbian, Gay Bi-sexual, Transgender, and Questioning (LGBTQ) Canadians have advanced rapidly over the last decade, both societally and legally, there is still a long journey ahead on the road to equality. The issue of LGBTQ inequality and discrimination is one that is…

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    A practice that has been utilized as a form of torture3 must certainly contain elements of cruelty. Although solitary confinement may have been established with positive intentions, the continuance of its use in spite of a plethora of evidence uncovering its detrimental effects constitutes it as inhumane. Not only can solitary confinement be defined as cruel and unusual, but also cases like Brian Nelson’s where the reasoning and timeframe of sentence is unclear violates section 11a which states…

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