Law Case Studies Canada

Law Case Studies Canada-3
The province of British Columbia asked the Supreme Court to decide whether this clause was consistent with the Charter.

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This decision also set out the framework for determining whether a law that limits a Charter-protected right or freedom can be demonstrably justified in a free and democratic society. The doctors were charged with the intent to provide abortions in violation of the Criminal Code.They refused to give specific information about why they were there or what sections of the Combines Investigation Act authorized the search. challenged the act, arguing that it went against the right to be secure against unreasonable search or seizure.The Supreme Court concluded that, as a general rule, police and other law enforcement searches require a warrant from a judge before a search can take place.The majority of the Supreme Court agreed with Singh and decided that refugee status claims required an oral hearing where claimants could state their case and know the case against them.Where decisions could result in the deprivation of rights, basic procedural fairness was determined to be more important than administrative convenience.This was considered to be a violation of the right to security of the person because it interfered deeply with a woman’s bodily integrity.Justice Bertha Wilson also held that this law interfered with women’s right to liberty, since it did not allow women to make crucial decisions about their own life or health free from state interference.Andrews challenged the provincial law, which prevented him from being a lawyer, arguing that it was discriminatory since it treated non-citizens and Canadian citizens differently.The majority of the Supreme Court decided that the provincial law infringed equality rights, because it did not let otherwise qualified people practice law solely because of their citizenship.This case was significant because the Court found that the Charter requires laws that can lead to imprisonment or other deprivations of life, liberty or security of the person must be procedurally and substantively fair to the accused person. The act assumed that those who had narcotics possessed them for the purpose of trafficking.The onus was on the accused to prove that this was not his or her intention.

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