Canadian Constitutional Law Section B: Nov 17, 2012

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Presentation transcript:

Canadian Constitutional Law Section B: Nov 17, 2012 Judicial Decisions on the Charter of Rights Course Director: Ian Greene

Presentations Monahan Ch 13: Aala Mukhtar Monahan Ch 14 (460-475): Mersedeh Andalibi Case 22, The Queen v. Big M Drug Mart (freedom of religion, 1985): A.E. Lauwers -Case 24, The Queen v. Oakes (1986): Carmine Cichella Case 25, Morgentaler v. The Queen (abortion, 1988): Preeya Rateja

Presentations continued Case 28, R. v. Keegstra (hate speech, 1990): Natalie Sie Case 31, RJR-MacDonald Inc. v. Canada (AG), (advertising, 1995): Anton Khlyzov Case 34, Sauvé v. Canada (prisoners voting rights, 2002): Karthika Arumuganatha Case 36, Chaoulli v. Quebec (AG), (right to adequate health care, 2005): Meaghan Ringwood

Presentations (continued) Case 37, Health Services and Support (SCC overrules a previous decision and expands labour rights, 2007): Jennifer Persaud Case 39, Delgamuukw v. BC (aboriginal land claim rights, 1997): Nikola Stefanov Case 40, R. v. Marshall (aboriginal constitutional fishing rights, 1999): Naji Naeemzada

Presentations (continued) Case 48, Ref. re Secession of Quebec (principles of Canadian democracy, 1998): Patience Adamu Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44 (Insite decision): Anika Mattrasingh

Monahan Part Six (Conclusion) Is Quebec secession as much of an issue now as in the past? Problem with power imbalance between legislative and executive branches: would senate reform help? Shift away from constitutional concerns to economic concerns What viewpoints do you think Patrick Monahan will bring to Ontario’s role in Canada in his new role as Deputy Attorney General?

Greene, The Charter of Rights, Ch 5 General trends in legal rights decisions by the Supreme Court Capital punishment and the Burns case (2001) Fighting Terrorism while respecting human rights: Charkaoui (2007 & 2008) and Khadr (2008 & 2010)

Course evaluations Need a class rep to collect the evaluations and deliver them to Jasmattie Professor will not see the evaluations until after the last date for appealing grades has expired, and all appeals (if any) have been settled at the highest level.