It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada (The Canadian Encyclopedia, n.d.). Talking about the qualities required by a judge, they are required to have the highest standards of integrity in both their professional and personal lives. They should be highly knowledgeable about the law, willing to undertake in-depth legal research, and able to write decisions that are fair and convincing. Their judgment should be clear, and they should be able to make informed decisions that will stand up to close scrutiny and issues arising from the disputes.
The Queen, the POGG provision was applied solely because Canadian survival was at risk. This proves that the rules were so vague and ever-changing over the application of POGG powers that even the Supreme Court of Canada and JCPC disagree on the usage and interpretation. When both branches of the judiciary cannot come to an agreement about a power that is expansive and impactful as POGG, it only makes the case stronger for abolition of the POGG clause. Instead the judicial branch continued to enforce laws through the perspective of 1867 onto the Canadian
Here we find the idea of the second paragraph of section 15 of the Canadian Charter of Rights and Freedoms, namely, "affirmative action" or "positive discrimination". It follows from the very wording of section 14. that the list of elements according to which any discrimination is prohibited is not limiting, but merely indicative. (UN Portal) It is not necessary that there be an intention to discriminate; the objective fact of discrimination is sufficient to constitute a violation of Article 14. The case-law relating to Article 14 seems particularly interesting. Its scope has been clarified in a series of decisions and reports by the Commission and judgments of the European Court of Human Rights, particularly in the Belgian language case.
Proper collective rights were established in the Constitution for Aboriginals. The protest led to awareness and acknowledgment of the initial treaties and agreements. To what extent has the federal government affirmed collective rights in the legislation over time? Canada is different than any other country, including the United States, because of our collective rights. The purpose of them is so different groups of people can have an identity.
The idea of jury nullification comes to represent the ability for every citizen to be protected by biased legal actors and unjust law. Therefore, citizens are able to adjudicate between the facts of law and morality, and the sense of having the ability to protect society. Jury nullification is recognized by Canada to give “the citizen’s ultimate protection against oppressive laws and the oppressive enforcement of the law.” However, by encouraging the law and legal actors to promote the use of jury nullification; the jury may use this power to benefit themselves. Thereby the jury system undermines the legal system as a whole. The history of jury nullification goes all the way back to the 1670s.
The Canadian Charter of Rights and Freedoms first came into effect on April 17, 1982. The Canadian Charter of Rights and Freedoms is one part of the Canadian Constitution, created in 1867. The Constitution is a set of laws containing the basic rules about how a country operates. The Charter sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society. The Canadian Charter of Rights and Freedoms is an effective tool to ensure and maintain a just society as it protects the innocence of people, protects and ensures past laws and states fundamental freedoms, all of which work to create a thriving society.
3) In my opinion, I think the Canadian government should not obligate to intervene in other countries when the rights and freedoms of Canadians are infringed because they cannot interfere in current legal proceedings in other countries unless it is requested to do so by local authorities. The legal procedures may be different from the procedures in the Canadian legal system. If the person is involved in these proceedings, the person may face long delays in the effort to resolve their case. If the person’s international human rights are known to have been violated, the Government of Canada can try to put pressure on the foreign authorities to stand for their international human rights obligations and provide the person some protection. In addition, while having dual citizenship is
After a thorough analysis of the facts of the case Resurfice v. Hanke, one can see that the decision made by the Supreme Court of Canada, to allow the appeal was definitely the right decision. The Supreme court made the right decision in establishing that it was Hanke’s contributory negligence that acted as the primary cause for the explosion. But for Ralph Hanke placing the hot water hose in the gas tank, the fumes would not have ignited and the explosion would not have happened. The Supreme court was right in realizing that regardless of the presence of minor design flaws, Resurifce should not be punished for Hanke’s error. Secondly the Zamboni was designed in a way to one could easily distinguish the two tanks.
Mr Eve is now seeking a stay on proceedings and I will advise him on his application The Canadian case of Gulf Canada Resources Ltd v. Arochen International Ltd formulated a test to decide whether or not a stay in proceedings should be granted. The test, created by Hinkson J of the Court of Appeal, stated that there are two issues that must be addressed. Firstly, the dispute at hand must fall within the terms of the arbitration agreement. Secondly, it must be shown that the party who commenced the legal proceedings is a party to the arbitration agreement.
When he offered to pay for the trip and still was turned down, he knew his position was untenable” (Macleod, 2005). French had tried to bring change to the leaders of Canada but was denied, even if did not succeed in changing the government’s position, French showed the characteristics of a transformational leader by identifying the Northwest Mounted Police were achieving setting up a policing force in western Canada and needed to be allowed to continue
If dialogue theory is nothing more than a thin cover for judicial supremacy, than how should Canada model the relationship between the legislature and the judiciary? The answer lies in coordinate interpretation. Coordinate interpretation envisions that every branch that interacts with the Charter (the judiciary, the executive, and the legislative) will have equal responsibilities in upholding and advancing the values in the Charter (Slattery, 1987, 707). Under coordinate interpretation, the executive and the legislative branches would have “first order” duties, which means they would be expected to scrutinize legislation that they intend to pass in order to ensure Charter compliance; likewise, they also have a duty to scrutinize legislation
The 1960 Bill of Rights, by Prime Minister John Diefenbaker, was the previous attempt at introducing basic freedoms and protecting human rights to Canadians. Though the Bill of Rights had federal authority, it was not part of the Constitution and did not apply to provincial legislation. Trudeau’s plan was to include the Charter of Rights and Freedoms into the Constitution in order to make it virtually unchangeable by future governments. The Charter would give the Supreme Court ultimate authority over interpreting the Constitution and its amendments. This was a concern for the provinces as it was another way they felt a loss of control.
301). The accused right under section 8 of the Charter in R. v. Hamill,  1 S.C.R. 301 was violated; however, it was not as a result of the throat hold. The charter violation was on the basis of the unlawful search of the resident without a search warrant, even though the throat hold has taken place. However, it was concluded that the evidence would not affect the fairness of the trial and they should be admitted (R. v. Hamill,  1 S.C.R.
Following the critia of cultural and demographic goals and non-discriminatory. List of prohibited individuals was replaced by categories relating to health, public safety, criminality, propensity for violence and fraudulent immigration claims. In addition, it provided a first formal inclusion of refugees as a distinct class of immigrants. Refugees had been determined on a basis resulting in persecuted and displaced persons that did not qualify as refugees could still be allowed entry into Canada in humanitarian grounds. The removal of the restrictions provdies the framework for modern immigration policy.
The aspect most concerning in this question is, is it reasonable to limit certain religious articles. The Canadian Charter of Rights and Freedoms under Equality Rights, in Section 15. (1), shows us that this is not a reasonable request as it is unacceptable to discriminate against someone because of their religion. Some may question that it is a safety reason, so they want to prohibit certain religious articles, for instance the burqa. Using the same logic, the society must also consider catholic nuns; they could also be considered a safety concern because they are covered in the same