Class Notes (836,374)
Canada (509,758)
Greg Flynn (95)
Lecture 7

lecture 7.doc

2 Pages
92 Views
Unlock Document

Department
Political Science
Course
POLSCI 3NN6
Professor
Greg Flynn
Semester
Fall

Description
• If you are born outside of Canada, you can still apply for Canadian citizenship; it was not always this way ◦ Before 1977, there were two different standards: if you were born to a Canadian father and non-Canadian mother, you were given automatic citizenship upon birth registration; however, if you were born to a Canadian mother and non-Canadian father, you had to apply for citizenship and pass the security check ◦ The reason why this law was put into place was because, before 1977, young men sent overseas as soldiers would impregnate women ▪ Canadian government saw it as a moral obligation to recognize these children and gave them automatic citizenship; they tried to justify the other instance under section 1, screening the possibility of dangerous individuals (in other words, the children of Canadian mothers were seen as a threat to national security; Flynn hints at the blatant favouritism towards men here) ▪ The federal government carried this argument all the way to the supreme court, who saw no rational connection for the difference in treatment between children of Canadian and non-Canadian mothers; the provision was struck down as failing the Rational Connection component of the Section 1 test ◦ The courts required that the law impair the right no more than it is necessary to achieve the objective set out by the government; the government has to use the least drastic means available to achieve its goal- this is the Minimum Impairment test ▪ Most cases filed under section 1 fail at this point in time; if they get past this stage, it becomes very clear that the government is going to win the case, and there are some circumstances where there is a clear recognition that even erroneous impairments on our rights as citizens occur- it all depends on their relation to the objective ▪ It must be a minimum impairment, meaning the least impairing • Case example: a followup to the Big M drug-mart case; after the Federal government's law was struck down, the Provincial government stepped in and called for a common day of rest on Sundays (not to deal with the declining moral fabric of our society that is the provisional criminal code), as a matter of employment, it was important that employers and employees be granted at least one day off once a week to spend on recreation; therefore, Ontario passed a law saying that businesses could not operate on Sundays, with an exception existing for smaller retailers or stores, where if the store had less than 7 employees and less than 5000 square ft of space, then you could operate on Sundays; the law is aimed at targeting the big major employers • Edward Books was charged with violating this provision; in the context of the section 1 test, Justice Dixon said that the infringement had to impair the right as little as reasonably possible (the least drastic); there must be some deference to the legislature and that the court will not substitute legislative opinions as to where to draw the precise line; lesson: the courts will not hold anyone to a 'standard of perfection' (e.g., cherry-picking what was the least drastic means, some leeway is required);Allows government to address local problems of concerns (i.e., what is a problem in Ontario might not be a problem in BC), and so the Supreme Court is not willing to impose a cross-provincial standard on what is considered 'least drastic' or not, the government need onl
More Less

Related notes for POLSCI 3NN6

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit