Lecture 5 2009(1)

Lecture 5 2009(1) - Legal Rights S.7: right to life,...

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Legal Rights S.7: right to life, liberty, & security of person unless deprived thereof through fundamental justice s.8: Unreasonable search and seizure is forbidden. 9. Arbitrary (illegal) detention or imprisonment is forbidden. 10. Everyone who is arrested or detained has the right: a) to be told why immediately b) to retain a lawyer and be told of this right c) habeas corpus (to be freed if illegally detained) 11. Persons charged with offences have the right a) to be informed reasonably quickly of the charge b) to a trial within a reasonable time c) not to be a witness against oneself d) to be presumed innocent until proven guilty before an independent and impartial judge
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Legal Rights (2) e) to bail unless unreasonable f) to trial by jury if liable to 5 yrs in jail 12. No one can be subjected to cruel or unusual treatment or punishment. 13. Evidence given by a witness in court can't be used against that witness later on. 14. Everyone has a right to an interpreter. Today: Singh: S. 7, & and fundamental justice in Canadian Bill of Rights Therens: right to counsel: S. 10(b) (in text) B.C. Motor Vehicle Act Case: S. 7: substantive or procedural? Valente: S. 11(d): right to ind Askov, Rodriguez, Mills, Can Fdn for Children case
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Singh (1985) Refugee determination process pre-Singh: those not approved abroad apply at airport; exam by an officer; transcript sent to Ref Status Adv Comm. Comm refers to list of acknowledged refugee-producing countries Recomend to Min. Appeal allowed to Ap Bd; can det with minister’s evidence & Both Charter & Bill of Rights issues court requested additional submissions on Bill. Impugned: ref det process under Imm Act Wilson: decided under s. 7 of Charter. “Everyone” covered. Is it life, liberty or sec of person at stake here? Sec of person. Is this violation in accord with fundamental justice? No. Fundamental justice nat justice prin of “hear both sides.” App has a rt to know case against self, and reply to it. Therefore, oral hearing required.
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Singh (2) S. 1: crown presented no arguments . Beetz: Bill of Rights still there right to “a fair hearing acc to fundamental justice to det rights and obligations” violated Beetz strikes down part of Immigration Act; other judges concur decision resurrects the Bill of Rights. Beetz also refers to statutory bills of rights as “constitutional or quasi- constitutional.” After Singh: Fed gov’t totally unprepared backlog in ref cases: 3 yrs some took advantage of backlog; some bona fide refugees stopped at border (Charter does not apply outside) May 1987: C-55, “safe 3rd cty” C-84: apprehend ships at sea; penalty for assisting ref applicants who had not applied abroad tremendous opposition to bills CRDD created, but members mostly patronage appointments then
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This note was uploaded on 02/14/2012 for the course POLS 3136 taught by Professor Bazowski during the Winter '10 term at York University.

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Lecture 5 2009(1) - Legal Rights S.7: right to life,...

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