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Lecture 4

POL 151 Lecture 4: POL 151 - Lecture # 4

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Political Science
POL 151

Lecture 4 Judicial decision making process can be affected by: ideology, gender, public opinion, interest groups Common law precedents bind lower courts and analyze meanings constitution o Ex. Segregation and the Prison System BC Supreme Court found that segregation itself does not meet the bar for cruel and unusual punishment BCCLA cant provide evidence on this as their case is not about a specific prisoner o Ontario Superior Court of Justice CCLA: segregation for 1822 year olds meets the Ferguson test Based on the US studies of impact of isolation on 1617 year olds court unable to apply it to the 1822 year olds because of age difference Interveners: o Interveners can be organizations or individuals; however its very costly and requires expertise and experience which individuals may not have o Government: federal and provincial governments have an automatic right to intervene in any constitutional case They can submit 20 page argument Automatic right to make oral argument o Nongovernment: need the permission of SCC to intervene submission must be useful and different from other parties Can submit 10 page argument R v Keegstra o Interveners Attorney General of Canada,Attorney General of Ontario,Attorney General of New Brunswick, Attorney General of Manitoba, the Canadian Jewish Congress and more Who is missing? Educational groups, parent groups, teachers union o The Parties The Queen: means the Canadian state which shows that this is a criminal case and the appellant is a party who lost case in a lower court o Judges seven justices allocated for this case; you need to know this to know how much you would need for a majority o Questions of law: charged under s.319(2) of the Criminal Code; this section affords a defense of truth to prove that the uttered statements were true Q: Does the actions of government or a law violate the Charter of Rights and Freedoms o No: the action and law is upheld
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