Charter of Rights and Freedoms

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Published on 6 Dec 2010
School
UTSG
Department
Political Science
Course
POL214Y1
Professor
POL214
LEC
Nov 2, 2010
Discussion:
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earlier? Why did they hold off? Because he killed someone in another country. The
Conservatives wanted to appear as not to be supporting terrorists: They wanted the US to send
him back rather than ask for his return. There was an agreement between the US and Khader
that reduced his sentence of 40 years owing to a deal between the US and Canadian
governments. Khader would not have oPµ]oÇ}P]vÁ]Z](ZZv[lv}Áv}(Z]
deal.
Another argument is that this is a US-Canadian relations issue, and Canada did not want to
create a fuss about bringing back a controversial prisoner.
What about the age issue?
Prof says that tZv]vP}Àvuv}v[ZÀ}]vPvÇ}vlt there are plenty
of Canadians who have been convicted of murder abroad and are serving sentences abroad.
Prof talks about the politics regarding this matter: The people of Canada do not have sympathy
for the Khader family. The father was arrested in Pakistan but Pakistan allowed his release
because he was Canadian. The father than joined the Taliban. This, and the fact that the mother
and daughter denounce the Canadian way of life has resulted in a lack of support for the family.
There is a large conservative base in Canada and the present government did not want to
alienate that population.
W}(ol}µZ}v}(^uµ_ in a battlefield t Killing in a warzone is murder? Prof
talks about bias on the US and Canadian side regarding this matter.
v}Z]µÁ<Z[PX Further, its an embarrassment for the US to still be holding a
Western citizen in GITMO, a prison that was supposed to have closed years ago.
Another issue: The Potash corp sale to foreigners.
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Questions for December Test:
- Federalism t different types
- Courts and their interpretation of federalism
When look at federalism, we looked at the constitution. There are three pillars of how
P}ÀvuvÁ}lXdZWD]v[Àv]vZ}v]µ]}vX^}ÁZ}µv]
unwritten rules t understandings about how the government works and is expected to work.
We also have understandings about when reserve powers can be used t Can the GG just
dismiss Harper right now? That would not be acceptable.
We realized why Canadians even needed a written constitution t to set the division of power
between different areas of government. Prof says that the most important areas of the
constitution deal with the division of power.
Federalism and law amongst other factors: Public expectations and changes in technology.
Provincial control over resources in the constitution t prof gives example of Saskatchewan
benefiting from this area of the constitution.
Canadians are most engaged and enthused with the Charter of the constitution:
Charter of Rights and Freedoms (CRF):
1. Judicial Review of the Constitution
2. Public opinion and the CRF
3. Unintended consequences of the CRF
4. The CRF and the constitutional order
The constitution needs to be a document that has to last. It was thought by the fathers of
confederation (Prof quotes Macdonald) that they had a really secure constitution because of its
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