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Midterm

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Department
Criminology
Course
CRIM 135
Professor
Graeme Bowbrick
Semester
Winter

Description
Problem - Dr. Smith decides that he will advertise his practice - Dr. Jones regularly charges an extra $25 for office visits Then…  Federal government passes law banning extra billing by doctors (extra billing – can’t charge extra money than government pays – government gives them a set payment) o Punishable by $2000 fine and/or up to 6 months in prison - The law also prohibits doctors from practicing privately, and makes it an offence for a doctor to advertise their practice /fees - Dr. Smith/ Jones are charged under this federal law Discussion - 1) Dr. Smith o Is there anything Dr. Smith can do about this? Is there any legal argument Dr. Smith has?  ***Side note: Outline in detail the concepts that you are going to be relying upon. Like the law you want to apply here?  *** NO POINT FORM ON EXAM :@@@@  Ex: Our Constitution Act of 1982, o Part one of our constitution act is our Canadian Charter of Rights and Freedoms o And included in our Charter, under Section 2(b) it protects various freedom of expression, and these rights are available to everyone in Canada, which includes citizens and non citizens o What does freedom of expression mean? You have the right to express yourself in any way, without government interference. Protection of your expression against the government limitation  Now apply the laws to the facts o Dr. Smith advertising would classify as freedom of expression, and all forms of expression is protected under section 2(b), therefore this law would violate his freedom of expression under section 2(b) in the charter - If the year is 1967, charter of act of 1982, removed o Constitution act of 1867, there’s an implied bill of rights o In the preamble – it makes reference to system o
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