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CML2117 Introduction to Law, 2008 - Lecture 16 - Charter cases


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Charter cases

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CML2117 Introduction to Law, 2008 - Lecture 16 - Charter cases

  1. 1. Today: Public Law: Constitutional Law: The Charter – some cases
  2. 2. R. v. Tessling, 2004 SCC 67
  3. 3. R. v. Keegstra, [1990] 3 S.C.R. 697
  4. 4. 319. (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. (3) No person shall be convicted of an offence under subsection (2) (a) if he establishes that the statements communicated were true; Criminal Code of Canada
  5. 5. Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), [2004] 1 S.C.R. 76, 2004 SCC 4
  6. 6. 43. Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances. Criminal Code of Canada
  7. 7. Majority decision Justice Binnie’s dissent Justice Arbour’s dissent Justice Deschamps’ dissent
  8. 8. Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624
  9. 9. Next class… • Private Law: Contract Law •Please do the readings!