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3NN6 Jan 7,2014.docx

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McMaster University
Political Science
Greg Flynn

Lecture at: 01/07/2014 C LASS NOTES FOR : OLI SCI 3NN6 McMaster University, Fall 2013 T UESDAY , JANUARY 7, Y On the News - Prostitution - Right to counsel THE CHARTER SCOPE,APPLICATION AND SECTION 1 - Jurisdiction & then Charter (challenges) - Section 7-12 - Criminal law – Charter falls in the context of criminal law cases / constitutionality - Legal test (3 stage) o Charter applies?  If charter does not apply, not much of a defense in this context.  Section 32 of the charter. o Rights violated? o Violation Justified? 1. SCOPE OF THE CHARTER a. Section 32(1) 32. (1) This Charter applies a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province. b. Dolphin Delivery - Purolator / Union - Secondary Picketing - Dolphin delivery, civil injunction against the Union - Lower court granted injunction, union appealed the matter all the way to the Supreme Court of Canada. - Violation of freedom of expression - Violation of Freedom of association - Lower court dismissed the charter claims. - Supreme court of Canada held that charter did not apply in these circumstances. - Meaning of the term Government – Refers to the Legislative executive and administrative branches of Government. Does not matter whether the “government” was involved in private or public litigation. The nature of the litigation, but the nature of the parties involved in the litigation. - Clear distinction where the charter applies and where it does not - Private activity does not apply - Does not apply to JUDICIAL BRANCH - It applies to Legislative, executive and administrative branches of Government c. Pridgen v. University of Calgary, ABCA (2011) * Pridgen – Student at University of Calgary; * Pridgen and colleagues started a Facebook group pointing out the errors made by the Professor; Angie © McMaster University 1 Fall 2013 Lecture at: 01/07/2014 statements were defamatory. - Imposed discipline upon the students involved in the Facebook group - Pridgen did not make any statements directly about the instructor; - Despite this fact, the University disciplined him and imposed a suspension about him - Students were facingAcademic discipline - Upheld the discipline but gave the students an out if they provided an apology to the Instructor - Pridgen and brother refused to provide an apology and then sued the University of Calgary alleging that they had violated their rights and freedoms under the charter. - Clear violation of freedom of Expression. - Alberta Court ofAppeal disagreed and found this was a violation of freedom of expression. - Recent decision that dealt with the scope of the Charter of Rights and Freedoms - In Case:Alberta Court ofAppeal o 5 Circumstances!  Parliament / Legislature  Body acting under a delegation of Statutory Authority  Entity in Question is Government by Nature  Entity in Question falls under Gov’t control
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