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Canada (481,129)
POLS 1400 (219)
Nanita Mohan (163)
Lecture

Judicialization

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School
University of Guelph
Department
Political Science
Course
POLS 1400
Professor
Nanita Mohan
Semester
Fall

Description
Judicialization1985 first charter case dealing with religion and occurred in AlbertaA Shoppers Drug mart type business refused to close their business on SundayDirect violation of freedom of religion Agreed with Big M StoreReligious act was only directed towards a specific religion 1986 Oakes reasonablelimits clause hash oil in 1 pocket and 600 in anotherCharged and arrested for possession and traffickingViolated his right of innocent until proven guilty 1988 Morgentaler Outlawed Criminal Code restrictions on abortion employing the security of the person clause S7 life liberty and security of the person Criminal Code restriction on abortion is a violation of S 7Abortion is legal in CanadaMistake the Supreme court made was that they did not define what a fetes is 1990 Keegstra freedom of expression taught his own opinions to his class jewish students in his class they were punished for disagreeingCannot promote hateful literature 1992 Butler limited freedom of expression in relation to pornography asked to close his sex store Supreme Court decided that porn was accepted as long as it doesnt dehumanize degrade or show violence against women Didnt specify the line drawn for the violence SM porn and gay porn showed violence and gay porn was degrading Gay and SM community backlashed so now porn is acceptable as long as it is consensual and not degrading for women or men1993Rodriguez security of the person does not include right to assisted suicide A woman has ALS she
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