Law Case Studies Canada

Law Case Studies Canada-71
For more than 35 years, the Charter has played an active role in Canada’s evolution and continues to influence the creation and interpretation of laws and policies in Canada.

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The claimants argued that the procedures in the Immigration Act violated their fair process rights because they did not know the case against them and couldn’t challenge the government’s evidence.The act reflected the Christian tradition of reserving Sunday as a day of rest.The Supreme Court decided that the act violated the fundamental freedoms of religion protected by the Charter.These 37 Charter cases are intended to provide a broad overview of cases that had an impact on Canadian society and helped to build the legal framework for analyzing Charter claims.This is by no means a definitive “top 37” list – it is intended to spark conversations about what the Charter means in people’s day to day lives.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.In order to get a warrant, there must usually be “reasonable and probable grounds” to believe that an offence has been committed and that there is evidence to be found at the place of the search.In the end, the Court decided that the act violated the Charter because it did not establish an appropriate process or standard for issuing warrants.The majority of the Supreme Court decided to strike down the abortion provisions in the Criminal Code, because they forced women to carry a foetus to term unless they met certain criteria, like getting a certificate.The legislative scheme prevented many women from obtaining a legal abortion, even if carrying the foetus would cause them psychological or physical harm.


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