Limits on our Rights

Sometimes, there are situations where we have less liberty, but these have to be justified. For example, this can be taken away when there is a pandemic like Covid-19. Liberty is limited right now because we can’t really do anything but buy the items we need. It’s ok that the government said to do this because they don’t want anyone else getting sick. If you hangout with your friends and you’re not social distancing you could get them sick by standing too close or when you need to cough or sneeze and you do it right beside them the germs could spread.

A Case That Demonstrates Section 7

Carter v. Canada (Attorney General), 2015 SCC

In this case, the court had to decide what these rights mean for someone who is very sick and dying. People can’t be deprived when it comes to food and meds because people need those things to live. But if someone has advanced ALS they might want to take their life sooner than later because they will still be healthy enough, but it’ll get worse over time and might not be able to die peacefully later on. Influenced people may get tricked and do something they don’t want to do, and there was a law to protect people like that.

Some people need to be able to die with help before they are in too much pain, and the people with illnesses that are just getting worse want to die by suicide before it’s too late but this law was stopping them from doing that. So in the Carter case, the court decided that section 7 meant that the law should be changed and assisted dying should be allowed when someone is only going to get sicker and be in more pain.

Sources:

http://www.chartercases.com/carter-v-canada-attorney-general-2015-scc-5/

Canadian Charter of Rights and Freedoms, s 15, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.