POLS 3136 Midterm (2).docx

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York University
Public Policy and Administration Studies
PPAS 3136
Sirvan Karimi

1 Identify and elaborate on the precharter safeguards of civil liberties To what extent were courts effective in protecting individual civil liberties before the charterMechanisms of protecting civil liberties written constitution and constitutional convention unwritten rulesDemocratic character of Canadathe democratic character of Canadas political institutions supported by long traditions of free elections opposition parties and a free press Democracy is the most important safeguard of civil liberties as it weak out any charter issues because the society needs to respect freedom of expression assembly association etcCanadian political culturemore tolerant to diversity cultural political religionprotects individuals Independence of the judiciaryis secured partly by constitutional provisions and partly conventions unwritten into the charter but supported by long traditions This is political tradition stretches back to thbeginning of 18 century This supports the tradition of independence of the legal profession This ensures individual with a legal case can obtain legal representation whether the cause is opposed by the government wealthy or majority Common lawtends to favor individual rights and freedoms when they come into conflict with state interests Individuals are free to do whatever they want as long as it is not prohibited by the law Common law tends to define the relationship between the defendant and the state in favor of the defendant Ex in criminal law mens rea a guilty mind is an ingredient of common law offences defendant is presumed innocent until proven guilty beyond a reasonable doubt Protects individuals from interest of statesprinciple of validity that every official act must be justified by lawavailability of remedies to citizens injured by illegal official actionImplied bill of rightsrestraints on legislative power that are derived only from the federal powers are incomplete a law is denied to one level of government and will be open to the other level of government Ex When Ontarios Lord Day act was held to be unconstitutional the federal government held it as constitutional that religious significance is a criminal matteronly under a bill of rights the courts consider the question whether any legislative body should be able to impose such an Act on society The distribution of powers in Canada denies plenary power to any one legislative body and indirectly has an effect of safeguarding civil liberties For example provincial legislature has no power to enact criminal law and federal parliament has no power to regulate property and civil rights in the provinceA laws impact on civil liberties has not been treated by the courts as the leading characteristic in determining the laws classification The courts protecting civil liberties from 18671960 had no impressive records to protecting civil liberties Ex Johnson vs Sparrow where he bought the seats prior and then was denied sitting in the seat because he was blackwon the case due to breach of contra already bought the seats but not mention of racial discrimination Christie vs York Corporation ruled in favor of the company in favor of commercial liberty freedom of the corporation and no positive law to disallow this bad common lawno race mentioned
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