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Lecture 16

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Political Science
Greg Flynn

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
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