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soc209 lc 8.doc

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University of Toronto Mississauga
Zachary Levinsky

soc209lcmarch 5 2012 Sentencing soc209Tutorial thursday night630 to 830 i IB 380Remedies s 24thinking abour remedies under the chartervarious remediesif the law violates the charteryou get strike out the part of the law or you can strike out the entire lawfor eg the law has no force and effectfor eg there are no force and effect law in gun mandatory minimumsyou can also interpret a law narrolwyou can say that it applies only in secific casesits being more specific than it sound s its something written brodalythat the legistlator didnt really intendso its not really covered by the lawit can also read in features to the lawand reinterpret the law it can also declare a constitutional exemptionin a particular casethe law vilates your charter rights nad you are not covered by that law you go for more general broad categorie s in this particular case it doesnt aply and it violates the charter this is what these things are saying In term so fyour rights being violated in a criminal case the crown did soemthing that they were supose to do for eg you can stop the trial order entirely and get a new trialor completey stop the proceddings entirlyyou can stop criminal prosecution they can also exclude evidenceit is obtianed ina propeor or legal way it can excluse evidence They look at the general standard for eg a case r vs greffethere is no justified grounds in his casefor him being chaerged or pulled overpolcie had no justified means to pull him over for drug offence so they pullled him over for a searcha dn found heroine The extreme court of canada excluded that that evidence becusae of the administation of justice being put in dispute the supreme court of canada advocated lots of people dont like this becusae it lets a lot of poeple go freethee cases generally get a lot of media attention becusae poeple get off at a technicallity during this point bu tit is importnat to remember that is it better to let a 100 guilty poeple go free than convinct one guilty individualfor eg wrongful convictionalways investiaagate why it is called a techincality it is called this becsae we wnat tp punish this individual more harshlyProblems with the Charter 1 Only individual rightsthey are not about group rights so the charter is not a social charter in that regard In quebec on 2002 a claimw as heard by the supreme court of canadasuggesting that the welfare rates for 100 recived under 30 was unconsittionlathe quebec women launched this claimprotecting that this was an individual rights t he court decided nothingthere is nothing in that charter that places a positive obligation on the state not a social charter
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