Cases 2 Flashcards
What case argued that the law which stated you must be a Canadian citizen to be in a legal profession violated a persons s.15 rights?
And what was the outcome of this case?
Andrews v. Law society of British Columbia.
This case resulted in the first framework to determine violation of equity rights under s.15 ( a 2-step test/process).
Also added citizenship to be a protected ground under s.15.
What was the r.v. Stinchcombe case?
Stinchcombe was a lawyer that was charged with breach of trust, fraud, and theft.
At trial the crown refreshed to testify a witness and withheld copies of the police statements to the accused as they had no obligation to.
What was the outcome of r.v Stinchcombe case?
Determined that not disclosing info in a court violated s.7 rights and that the crown has a legal duty to disclose all information to the defence.
This improved fair trials and protected against wrongful convictions.
Describe the r.v. Morgentaler case?
Morgentaler was a doctor who was criminally charged due to giving abortions to women without proper paperwork.
This case determined that the abortion laws violated a woman’s right to security of the person under s.7 of the charter.
What was the r.v. Burns case about?
Burns and Rafay, Canadian citizens, were wanted for murder in Washington but fled to Canada and were arrested in BC.
Us wanted to extradite them to Washington where the death penalty exists.
Canada realized that if they sent them without confirmation that they wouldn’t get the death penalty it would violate their s.7 rights.
Explain the r.v. Brown case.
Brown was pulled over while driving.
The cop stayed it was due to speeding (10 km over speed limit) and swerving in and out of lanes (barely).
Brown said it was racial profiling as the cop was following him in his car and pulled up next to him.
It was found that brown was intoxicated, brown was charged and argued that the charge violated his s.9 charter rights.
Used s.24 to get the evidence of the drug test to be stricken from the record due to racial profiling and wrongful procedure.
Brown was still charged for speeding but could no longer be charged for intoxication.
Shows how important procedural fairness is in the law.
Explain the R.v. Keegstra
Alberta teacher promoting anti-Semitic views to students.
Charged under s.319(2) of the CCC for promoting hate speech.
Argued this charge went against his charter right to freedom of expression (s.2b).
Determined the infringement of one’s freedoms of expression was justifiable under s.1 of the charter.
Explain R.v Oakes
Oakes was accused of trafficking drugs.
Determined s.8 of the Narcotic control act infringes one’s s.11 charter rights.
Produced a 2-step test that is used for all cases when trying to identify do a government’s action infringes on a persons charter rights.
Innocent until proven guilty.
Why did the idle no more movement begin and who created it?
It began due to bill c-45 being introduced by Stephen Harper in 2012.
It was created by Jessica Gordon, Sheelah McLean, Sylvia McAdam, and Nina Wilson.
What was the idle no more movement and why did people support it?
Idle no more is a political movement focused on indigenous rights and environmental protection.
Many support it because they feel the government has ignored legal promises made to indigenous Canadians.
Children’s rights article
Discriminatory laws and practices exist that keep children out of schools.
Educational officials abuse their power due to lack of government monitoring and use it to determine who can and cannot attend school.
Schooling is difficult for minority groups.
Political and civil rights article
July 2016 = Turkish gov faced an attempted coup.
A state of emergency was enacted.
During the state of emergency Turkey failed to uphold human rights.
Many detainees were facing unjust conditions and were denied good water medical treatment and subject to torture.
Rights to be safe
Land mines exist in countries due to past wars and limit life.
1997 Mine Ban treaty created to remove land mines and rehabilitate survivors.
An increase in military conflict caused an increase in land mine casualties in 2014.
The International Campaign to Ban Land Mines (ICBL) made it international law that human contact land mines are illegal.
Disability rights article
2006 - Convention on the Rights of Persons with Disabilities was implemented to ensure dignity & equality to those with disabilities.
Caused a paradigm shift and changed the approach to disabilities from a medical-based standpoint to one based on human rights.
Imprisonment Rights
International Conventions outline the humane treatment of detainees and prohibits torture and unfair trial.
Prisoners have the same rights as us.
7 issues with the prison system:
1. Prisoners of conscience (imprisoned because of who they are)
2. Arbitrate detention
3. Incommunicado
4. Secret detention
5. Inadequate prison conditions
6. Unfair trails
7. Torture
