Class Notes (834,026)
Canada (508,290)
Greg Flynn (95)
Lecture 16

lecture 16.docx

3 Pages
130 Views
Unlock Document

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

Description
Life, Liberty, and Security of the Person: Security of the Person: Blencoe State induced psychological stress is harm to the psychological health of the individual. The question that stemmed after Morgentaler : does security go beyond health and safety of the person? Woman has loss of control over her body. Rodriquez • Terminally Ill with ALS. Physically debilitating. Person maintains full state of mental thinking. • She needed assistance to end her life. Scared she might fail in an attempt on her own and make her condition worse. • Criminal code offence prohibited her from ending her life. Fundamental justice Section 7 does not protect anything in terms of property or money. Re: BC Motor Vehicles Act • A piece of legislation that stated driving while your licence is suspended whether you know it is or not is an offence. As soon as you develop a certain number of demerit points your licence is suspended. • Punishment: fine and mandatory incarceration • Questions raised about the constitutionality. The courts set out 3 types of offenses 1) Mens Rea: You intended the action to occur. 2) Strict liability offensive: doesn’t matter if you intended to do the act, as long as you committed it. If you took reasonable care to avoid committing the offense, you can be excused. 3) Absolute liability offensive: if you do the act you are guilty no ifs ands or butts. In this case driving without a licence it was an absolute liability offense. It was found this offended the fundamental justice. Does the substance of the act its self-violate fundamental justice? Found to apply to the substance and the process of the law giving it a broader definition Definition: Principles of fundaments justice are to be found in the basic tenants of the legal system. Incorporate all legal rights in charter (s.8-14). All we can point to is a series of examples where the court has found a violation of this, to help further define exactly what they mean by this. “Basic Tenets of Legal System” Re: BC Motor Vehicles Act. Missing Basic Tenets of Legal system Missing Proportionality of pu
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