Is there any way that the Supreme Court of Canada could hold that individuals in Canada have a Charter right to affordable
Charter Assignment
The purpose of this assignment is to explore the significance of the Charter. You can choose your topic (choose just one topic) from those listed below
s it undemocratic when the courts strike down a law passed by Parliament (which includes elected Members in the House of Commons) on the basis of that law being in breach of the Charter? Tell me your perspective and, more importantly, why you are taking that particular stance. See Kent Roach’s “The Myths of Judicial Activism” (available for full download from this page–click the “Download This Paper” link) for further background information. Some individuals are highly critical of the Charter, arguing that, over the past three decades, it has done more to benefit (alleged) criminals than to positively impact the lives of law-abiding Canadians. These critics of the Charter cite the fact that in many cases where a trial judge finds that police have breached an accused person’s Charter rights (for instance, the s. 8 right against unreasonable search or seizure), important evidence against that person (like drugs (in drug trafficking cases) or breath-test results (in impaired driving cases)) is excluded under s. 24(2) of the Charter, meaning that the prosecution cannot rely on this evidence in attempting to prove its case in court. What is your opinion–has the Charter done more harm than good for the average Canadian? Why or why not? Is there any way that the Supreme Court of Canada could, in the future, hold that individuals in Canada have a Charter right to affordable (or potentially free) post-secondary education? Why or why not? In your opinion, should there be a right to affordable post-secondary education? Why or why not? The Supreme Court of Canada recently ruled in Carter v Canada (Attorney General), 2015 SCC 5 [“Carter”] that the Criminal Code prohibition on assisted suicide violates section 7 of Canadian Charter of Rights and Freedoms and is not saved by section 1 of the Charter. The last time the Supreme Court of Canada examined the prohibition on assisted suicide (in Rodriguez v British Columbia (Attorney General), [1993] 3 SCR 519 [“Rodriguez”]), the law against assisted suicide was upheld (by a decision of 5-4) as being constitutional. In your opinion, practically and legally, why did the Supreme Court of Canada’s ruling on this issue change as drastically as it did over the span of approximately two decades? Do you agree with the ruling in Carter? Why or why not? Following the recent case of a man being charged (and later pleading guilty) under the Customs Act for refusing to provide border officers with his phone passcode, the Canadian Association of Chiefs of Police is calling for increased police powers with respect to accessing encrypted devices and files. What Charter issues and considerations would be important to bear in mind with regard to any discussion about increasing police powers with respect to compelling people to provide mobile phone passcodes? In your opinion, should police have the ability to compel individuals to provide their passcodes? Why or why not? Kent Roach, one of Canada’s leading legal scholars, argues th
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