Movie Monday- Law & Order "True North"
Quiz #1
Law & Order "True North" - extradition and the death penalty
Talk Tuesday- Cases of Charter Violations
Discussion Prep
Multani v. Commission scolaire Marguerite-Bourgeoys (2006)
- Silas and Sonja (C2)
- Caio and Aiden (C3)
- Chase and Dawson (D1)
- Owen and Colbey (D2)
- Carson F and Braiden (D3)
Canada (Attorney General) v. JTI Macdonald Corp. (2007)
- Piper and Petite (C1)
- Emily and Jacqueline (C3)
Rodriguez v. British Columbia (Attorney General) (1993)
- Ella and Helena (C1)
- Sophia and Kami (C2)
- Ellie, Lindsay and Merrissa (D1)
- Everett and Alex (D2)
- Brook, Sonja and Ava (D3)
R. v. Tessling (2004)
- Riley and David (C1)
- Marcus and Maggie (C2)
- Emma and Max (C3)
- Jose and Mathieu (D1)
- Shyann, Ezrie, Aurora (D2)
- Carson J, Cayden (D3)
Case specific questions
1. Multani v. Commission scolaire Marguerite-Bourgeoys (2006)
Should religious freedoms (Section 2(a) of the Charter) override school safety policies?
Would your opinion change if the kirpan had been used violently in another case?
How does this ruling impact multiculturalism in Canada?
Should religious accommodations in schools have limits? If so, where should they be drawn?
the Multani v. Commission scolaire Marguerite-Bourgeoys (2006) case on pages 41-42 of the All About Law
2. Canada (Attorney General) v. JTI-Macdonald Corp. (2007)
Should commercial free speech be protected under Section 2(b) of the Charter?
How does this case illustrate the balance between public health and corporate rights?
Do you think the government should have even stricter regulations on harmful products, or is this already an infringement on business rights?
How does this decision compare to restrictions on advertising for other industries (e.g., alcohol, gambling)?
Canada (Attorney General) v. JTI Macdonald Corp., (2007) on page 44 in the text
Canadian Out of Home Marketing & Measurement Bureau Tobacco Guidelines
Canadian Encyclopedia Tobacco Advertising Ban Unconstitutional
The Atlantic Does Cigarette Marketing Count as Free Speech?
Tobacco control laws Canada
Yes Victoria, there is a limit to free speech
No logos: Tobacco firms under tight timeline to adopt plain packaging
Plain cigarette packs to hit shelves as 'best in the world' regulations kick in
Imperial Tobacco Canada Plain Pack
Global News Cigarette packs to be stripped of logos, designs as new regulations kick in
Health Canada Tobacco Products Appearance, Packaging and Labelling Regulations
Tobacco Labelling Resource Center
CBC News Parliament passes plain tobacco packaging law, regulates vaping
the article in the Toronto Star When it comes to cigarettes, what’s in a package? Not much, if they’re sold in Canada
3. Rodriguez v. British Columbia (Attorney General) (1993)
Should the government have the right to deny a terminally ill person the choice of physician-assisted death?
How does this case highlight tensions between Section 7 (right to life, liberty, and security) and Section 15 (equality rights)?
If this case were heard today, do you think the ruling would be different? (Hint: Carter v. Canada overturned it in 2015.)
How does Rodriguez’s case compare to laws on abortion or bodily autonomy?
Rodriguez v British Columbia (Attorney General), 1993
(life, liberty and security of the person)
the CBC In Depth site on the Sue Rodriguez case
In 2011, Gloria Taylor from Kelowna filed a case in B.C. Supreme Court to grant her the right to a doctor-assisted suicide. More info on this case can be found here
June 2016, the Parliament of Canada passed federal legislation that allows eligible Canadian adults to request medical assistance in dying
A fact-checked debate about euthanasia in Canada
4. R. v. Tessling (2004)
Should law enforcement be allowed to use thermal imaging without a warrant?
How does this case redefine the reasonable expectation of privacy under Section 8?
Do you think privacy rights have eroded since this ruling, given advances in technology and surveillance?
Should there be stricter laws protecting individuals from government surveillance, even if it aids crime prevention?
and R. v. Tessling, 2004 - which deals with Section 8 of the Charter (search and seizure).
General Discussion Questions
1. To what extent should individual rights be limited for the sake of public interest or security?
2. How do Canadian courts balance Section 1 of the Charter of Rights and Freedoms (reasonable limits) with fundamental freedoms?
3. In which cases should personal rights take precedence over broader societal concerns?
Describe a situation where an infringement of a right would be justified.
Describe a situation where an infringement of a Charter right would not be justified?
What do you think about the courts’ role in deciding whether an infringement of a right can be justified?
7. How do these rulings shape Canada’s approach to civil liberties today?
Write Wednesday- Legal Rights
sections 7 - 14 of the Charter of Rights and Freedoms (legal rights section)
(Textbook Questions)
Resources:
The Charter of Rights and Freedoms Legal Rights
Guide to the Canadian Charter of Rights and Freedoms
Legal Rights for Youth in British Columbia
Westlawnext Canada Charter Rights Legal Resources
Center for Constitutional Studies Right to Life Liberty and Security of the Person
Think Thursday- Equality Rights
equality and section 15 of the Charter
Resources:
Fundamental Freedoms (07:00): https://youtu.be/81oZ5C8dDPU
Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143
Finish up Friday- Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms
Sea Shanty: Charter a Course (A Law Shanty) - Lyric Video