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Democratic Rights

Democratic Rights. Section 3 states that every citizen has the right to vote Restrictions are: age, mental capacity, residence and registration Members of the judiciary are not allowed to vote, inmates incarcerated for more than 2 years. Extradition.

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Democratic Rights

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  1. Democratic Rights • Section 3 states that every citizen has the right to vote • Restrictions are: age, mental capacity, residence and registration • Members of the judiciary are not allowed to vote, inmates incarcerated for more than 2 years.

  2. Extradition • Supreme court has ruled that accused persons can be extradited to face trial; except if they face capital punishment. • Factors considered: it is reasonable to limit their mobility rights to send them to a country to face charges as we believe suppressing crime is important. However, the SCC believes it is a violation of a persons rights to life to send them to face capital punishment.

  3. Mobility Restrictions • Provincial gov’ts of other wealthier provinces are concerned about being flooded by unemployed residents from other provinces seeking employment, social services. • Governments may want to limit the access to certain programs created to improve opportunities for their own residents.

  4. Q1. Page 100 • The right to life, liberty and security of the person means that an individual has the right to live his or her life, to be free from imprisonment (excludes legal system) and to be protected from certain forms of corporal punishment and physical punishment. • http://www.histori.ca/minutes/minute.do?id=10212

  5. Q2. Page 93 Consider this • s.7 What about abortion and physician assisted suicide. How do these apply to the Freedom of Life and Liberty…

  6. q. 3 Balancing Rights of all Citizens • The courts must weigh the rights of the individual against the principle of fundamental justice to ensure there is a fair balance.

  7. Q 4 Criminal Code vs s. 7 • Sections of the criminal code referring to abortion. • Had to be changed when SCC ruled that a fetus is not a person.

  8. Q 5 Police Spot checks vs s. 9 • These spot checks are justified under section 1…reasonable limits prescribed by law. • We feel that detecting impaired driving is a reasonable limit.

  9. Q 6 Right to attorney • This can’t be used as they did not inform her of her rights. • Should have told her that if she couldn’t afford one that one would be appointed for her.

  10. Double Jeopardy • This means to bringing someone to trial twice for the same offence. • Not allowed under Canada’s legal system

  11. Test of Discrimination • Does equality mean treating everyone the same? • The complainant must show that he or she has been treated unequally and that the effect of the unequal treatment was discriminatory • The gov’t must then try to demonstrate that the law is “demonstrably justified” under s. 1 of the charter as a reasonable limit.

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