5. In May 2000, E. coli bacteria contaminated the water supply in Walkerton, Ontario. As a result, more than 2300 people became ill and seven people died. Research the Walkerton case. What happened? How did the Ontario government handle the situation? What recommendations resulted from the Walkerton Inquiry? How has the tragedy changed views on drinking-water safety? Why is safe drinking water not a protected right?
In 1993 Robert Latimer was charged with the first-degree murder of his 12 year old, severely disabled daughter Tracey. Research the case and answer the following questions.
1. The Court ruled that Latimer serve a mandatory minimum sentence of 10 years before parole eligibility. Can this sentence be justified?
2. What, if any, mitigating factors should be considered in the sentencing of Latimer?
3. Would a decision favourable to Latimer put the disabled in danger? Would it legalize euthanasia?
I am a Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.
John Diefenbaker, former Prime Minister of Canada
As you know the Canadian Charter of Rights and Freedoms became law with the patriation of the Constitution Act in 1982. The Charter regulates interactions between the state (federal, provincial, and territorial governments) and individuals. As part of the Constitution, the Charter is the supreme law of the land and extremely difficult to change. It is, in some respects, Canada's most important law because it can render invalid or inoperative any laws that are inconsistent with its provisions. Since it came into force in 1982, the Charter is the driving force of legal change, progress, and the affirmation of Canadian social values. Canadian courts rendered more than 300 decisions in which they invoked the Charter to bring Canadian laws into accordance with the principles and values of Canadian society.
We are aware that we have rights, but ask many Canadians and few will be able to accurately list the rights that they have. This activity will give you greater understanding about the specific rights Canadians have, as set out in the Charter of Rights and Freedoms. You will also learn when and how those rights may be limited or infringed upon.
Section 1 of the Charter is called the “reasonable limits clause”. Why?
How does Section 1 of the Charter say limits can be put on the rights of Canadians?
Why do you think the authors of the Charter made the “reasonable limits clause” the first section of the Charter?
List the rights Canadian citizens are given in Section 2 of the Charter. Which of these rights is the most important to you? Explain.
Section 2 of the Charter is referred to as the “fundamental freedoms” clause. Define the term “fundamental” and suggest why these rights are considered “fundamental”.
Why is Section 4(1) an important constitutional protection for Canadian citizens?
Why is voting in elections an important right?
Provide an example of a situation in which the mobility rights of a Canadian citizen could be “reasonably” limited.
List, in order of importance, what you believe to be the top three legal rights of Canadian citizens (sections 7-14). Justify your rankings.
Section 7 says that these rights can only be taken away according to the “principles of fundamental justice”. What are those principles?
Section 9 says that Canadians have the right not to be “arbitrarily” detained or imprisoned. What does arbitrary mean?
Section 10(c) says that Canadians have the right to test the validity of their detention by way of habeas corpus. What does “habeas corpus” mean?
According to the Charter, what are Canada’s two official languages? What justification would be offered for making these two languages our official languages?
Section 23 of the Charter provides for minority language education rights. What needs to exist in order to justify the need for minority language education?
Does your right to “liberty” mean that you cannot be given a jail sentence? Explain.
Explain how your Section 10 rights could be violated.
2. For documents 1-5 1) What are four or five key ideas? 2) What is the purpose of the document? 3) What is at least one abuse of power the document seems to be addressing? 4) In what way would it need to be altered for today's society?
3. For 6 and 7, find two sections of each which were influenced by the preceding 5 documents.
1. What is the legal issue under discussion in the article? 2. What purpose or perceived need would a law on this issue serve? 3. What values or concerns are evident in the arguments for or against this issue? 4. What legislative body would be responsible for creating a law on this issue? 5. Would a law dealing with this issue be enforceable? 6. What areas of a law on this issue would need to be enforced flexibly? Why?