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Lecture

LAWS 2502- Feb 13, 2014.docx
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Department
Law
Course
LAWS 2502
Professor
Stacy Douglas
Semester
Winter

Description
Review 1. Why do some people argue that judicial review is a threat to democracy? o Lack of accountability o Increasing judicial power o Promotes competitive individualism o Concerns about conservative judges 1. What are the six types of remedies available to judges under the Charter? i. Striking down ii. Severance and partial invalidity iii. Reading down [1998, ren v. Alberta i. when rights did not include sexual orientation] i. Interpretation of the legislation i. Judges decide there is a piece of law that is too wide i. Narrow by interpretation i. Reading in and extension of benefits i. Temporary suspension of invalidity 1. What was Beetz's decision in Singh v. Minister of Employment and Immigration, [1985]? i. Section 2: .. in particular, no law of Canada shall be construed or applied so as to i. (e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligation 1. What was Wilson's decision in the same case? i. section 7: everyone has the right to life, liberty and security of the person and the righ tnot to be deprived thereof except in accordance with the principles of fundamental justice 1. How do you reference a lecture? i. Depends on the style being used McGill Guide: • general information: Stacy Douglas, "Appeals and the Rule of Law" (Lecture for Law, State and Citizen, Carleton University, 24 January 2014) [unpublished] • Slide- specific: Stacy Douglas, "Appeals and the Rule of Law" (Lecture for Law, State and Citizen, Carleton University, 24 January 2014), Slide Ten. Accessed from: CU Learn. Harvard Guide: In text: (Douglas 2014a, 10) Bibliography:  Douglas, Stacy (2014a) Appeals and the Rule of law. Lecture notes for Law, State and Citizen. Lecture, Carleton University, 24 January.  Douglas, Stacy (2014b) Introduction to the Charter. Lecture notes for Law, State and Citizen. Lecture, Carleton University, 17 January. • Charkaoui v. Canada, 2007 o Does the reasonable test for certificates infringe s. 7? If so, is it saved under s.1? • Yes it infringes. No, it is not saved. o Does detention of citizens and non citizens under IRPA infringe s. 7,9, 10(c) or 12 of charter? • Yes, it infringes s. 9 and 10(c) but not s. 7 and s. 12 o Does IRPA discriminate between permanent residents and foreign nationals, contrary to s. 15? if so, is it justifiable? • No. o Are IRPA security certificates consistent with the rule of law? • Yes. o Conclusion: • Procedure for judicial confirmation of certificates and review of detention is inconsistent with s. 7, not justifiable by s. 1 and therefore, of no force and effect. • Infringement is not minimally impairing (s.1) and 84 (2) denies a prompt hearing • Parliament has one year to fix the law • What are security certificates? o The immigration and refugee protection act (irpa) allows minister of citizenship and immigration and the Minister of Public Safety and Emergency Preparedness to issue a security certificate on an individual o allow for arrest and detention of persons "deemed to be inadmissible for reasions of national security, violating human or international rights, or involvement in organized or serious crimes" (Public Safety Canada, 2013) o process may deprive person of some or all of the information as to why the certificate and detention have been ordered • Question A: o Is there deprivation of life, liberty or security of a person? o Deprivation in accordance with principles of fundamental justice? • s. 7 is not the same as s.1
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