1. Case of the Edmonton Journal

Download 214.38 Kb.
Size214.38 Kb.
Charter cases example

1. Case of the Edmonton Journal
Government investigators searched the office of the Edmonton Journal, a division of Southam Inc. The investigators wanted to search every file in the building, except for those in the newsroom. They refused to give specific information about why they were there or what sections of the Combines Investigation Act authorized the search. Southam Inc. challenged the act.

What is the possible charter violation? Explain your reasoning.

  • The Charter of rights and freedom was violated. The investigators had no proper strong proof or reason behind the investigation, plus they had no warrant, and their investigation process was inappropriate as it violated everyone's privacy.

2. Case of Big M Drug Mart

Big M Drug Mart was a store in Calgary that did not close on Sundays. The police charged the store for violating the Lord’s Day Act, which stated that selling goods or conducting business on Sundays was unlawful. The act reflected the Christian tradition of reserving Sunday as a day of rest.
What is the possible charter violation? Explain your reasoning.

  • The act violated the fundamental freedom of religion. This following charter violation is justified for this case because this rule of the Christian religion was forced onto people, and it restricted and violated other religions as not all religions have the same beliefs or values.

3. Alberta Schools
Jean-Claude Mahe, Paul Dubé, and Angeline Martel were three French-speaking parents who argued that French-language education in Edmonton, Alberta was inadequate. They submitted a proposal to the Minister of Education for a new French elementary school that would be administered by a committee of parents within a separate French school board, among other features. The Minister told them that it was a policy of the province to not create any French school jurisdictions. The parents then submitted their proposal to two other school boards, but their proposals were rejected. 
What is the possible charter violation? Explain your reasoning.

  • This act has violated the charter of minority language education.

4. Hate speech towards targeted groups

James Keegstra was a high school teacher in Alberta who taught his students that Jewish people were evil. He also denied that the Holocaust occurred and said it was invented by Jewish people to gain sympathy. Keegstra argued that the Criminal Code prohibitions on hate speech infringed his freedom of expression.

Is this a case where reasonable limits to freedom of speech applies? Explain your reasoning.

  • Yes, this is a case where a reasonable limit to freedom of speech applies because Mr. James is violating the law by disrespecting and spreading negativity plus rumors about other people's cast and culture.

5. Equality rights for same-sex partners

M. sought spousal support under the Family Law Act after her same-sex relationship ended. The act defined a spouse as a person who is legally married or an unmarried man or woman who has lived with a member of the opposite sex for at least three years. 

What is the possible charter violation? Explain your reasoning.

  • The charter violation for this case is the right to equality. I believe this violates the right to equality because same-sex/gender relationships are less valued and not as respected as opposite-gender relationships in this case.

Download 214.38 Kb.

Share with your friends:

The database is protected by copyright ©ininet.org 2022
send message

    Main page