Class Notes (839,150)
Canada (511,218)
Philosophy (1,521)
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State is only allowed to interfere if the harm is harming others. This is the harm principle. The harm principle isnt really accepted in Canadian law. 1. R vs. Malow Levine, R vs Caine 1. Background and case facts 2. Majority and should the harm principle be recognized in PFJ. No 3. Dissent and should the principle the law cannot 2. Equality-what is it and why value it? 1. Why do we care about it? 2. Charles Taylor 1. Politics of equal dignity 2. a A1. The questions was whether the government could criminalize the mere possession of marijuana. Simple possession of marijuana for personal use. And also not for medicinal use. Its not drug trafficking. If the state chooses to criminalize that, that violate Canadians liberty rights under the section 7. Levine-freedom fighter 1. Offense in the criminal code for the offense has with it the possible sentence of imprisonment 2. Both Levine and Caine argued that their section 7 was violated 3. Caine said it was because he could be imprisoned 4. Levine said that the criminalization that was central to his lifestyle, was a violation of his liberty 5. Section 7 o Right to life liberty and security of the person and the right not be deprived thereof except in accordance with the principles of fundamental justice o Gives us the right to all these things but it has limitations built into it And these limitations are given by whatever principles the courts see as part of fundamental justice If that deprivation is in accordance with the principles of fundamental justice, that limitation is okay Gives a large area of discretion to judges o In addition to the internal limitation provided by the principles of fundamental justice, there is also an external limitation is section 1. Guarantees the rights only in reasonable limits that can be justified in a free and just society Limited by what the court things can be demonstrated as okay in a free and just society o Section one allows the government to say that there are certain cases when its okay for people to be deprived of something o Section one means that when we talk about section 7, theyre not absolute
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