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Assignment LEGAL ASSESSMENT - CANADIAN CHARTER OF RIGHTS AND FREEDOMS Total Marks: 50 (30% of course grade) Choose a current news article that addresses a Charter section (right/freedom), of the...

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Assignment LEGAL ASSESSMENT - CANADIAN CHARTER OF RIGHTS AND FREEDOMS Total Marks: 50 (30% of course grade) Choose a current news article that addresses a Charter section (right/freedom), of the Canadian Charter of Rights & Freedoms. Answer the following questions: 1) What Charter issue(s) and or potential Charter violations, are discussed in the article? 5 marks 2) Explain the conflict between the Charter section covered in the article, the competing legislation and by implication, Section One of the Charter. 15 marks 3) Do you agree, or disagree with the current state of the law described in the article? Defend your position. 10 marks 4) Provide future legal recommendations to address the Charter issue(consider legal & societal outcomes). 20 marks
Answered Same Day Mar 24, 2021

Solution

Aparna Rajak answered on Mar 26 2021
144 Votes
1. What Charter issue(s) and or potential Charter violations, are discussed in the article? 
“The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”(Canadian department of jutice,1982)
In this article, we shall throw some light on the Carter v Canada (AG), 2015 SCC 5, wherein the restriction of medially assisted suicide was challenged as contrary to the Rights and Freedoms of the Canadian Charter.
The basic rights and freedoms of Canadian citizens are protected by the Charter, which are regarded as significant in conserving Canada as a democratic and free nation.
Any violation of the fundamental justice under the charter’s second section, which states the freedom of expression, thought, conscience, belief, association and freedom of press and other media communication along with peaceful assembly is discussed in this article. Additionally, the freedom of legal rights violation under the charter’s seventh section that states the right to liberty, life and the security of an individual are also discussed in this article.
2. Explain the conflict between the Charter section covered in the article, the competing legislation and by implication, Section One of the Charter.
One of degenerative spinal stenosis’ patients, Kay Carter along with another woman Gloria Taylor, who was suffering from amyotrophic lateral sclerosis challenged the provisions of the criminal code constitutionality with regard to the prohibition of assisted suicide (Carter v Canada (AG), 2015 SCC 5).
The Section 241(b) opines that any individual that supports or assists a person in committing suicide will be regarded as an illegal offence. Also, the criminal code’s Section 14 states that no individual is entitled to consent to death being imposed to them.
The above mentioned two sections of the criminal code prohibits physician assisted dying for competent adults who are suffering immensely and due to critical and i
evocable medical condition are deprived of their right to life, liberty and security of the person under section 7 of the charter and was concluded by the trial judge that this infringement is not justified under section 1 of the charter. When the state action or the law inflicts death or an increased risk of death on a person, either directly or indirectly, the right to life is involved. Here, the prohibition of the law deprives some entities of life, as the effect of the law can force some entities to take their lives impulsively and early fearing that they would be unable of taking their own life when they reach a point when the suffering is unbearable. In this case the rights of liberty and security of the person is also engaged...
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