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Unit 2 – Rights and Freedoms

Unit 2 – Rights and Freedoms. The Rule of Law. Agenda. 1. The Rule of Law 2. Hwk . R. v. Sauls , [2002] B.C.J. No. 3083 BCPC, p.30-33 McGraw Hill Ryerson CCLS ( Classnet ) do ?’s KU #1 & T #2 (relating to R. v. Gladue ). Learning Goal for Today.

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Unit 2 – Rights and Freedoms

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  1. Unit 2 – Rights and Freedoms The Rule of Law

  2. Agenda • 1. The Rule of Law • 2. Hwk. R. v. Sauls, [2002] B.C.J. No. 3083 BCPC, p.30-33 McGraw Hill Ryerson CCLS (Classnet) do ?’s KU #1 & T #2 (relating to R. v. Gladue)

  3. Learning Goal for Today • By the end of the lesson, students will be able to analyze how rights and freedoms are protected under the Charter of Rights and Freedoms

  4. Expectations • CGE3f – examines, evaluates and applies knowledge of interdependent systems (physical, political, ethical, socio-economic and ecological) for the development of a just and compassionate society • Analyze how rights and freedoms are protected under the Charter of Rights and Freedoms

  5. Mosaic Representing the Judicial and Legislative Aspects of Law The woman on the throne holds a sword to chastise the guilty and a palm branch to reward the meritorious. Glory surrounds her head, and the aegis of Minerva signifies the armor of righteousness and wisdom

  6. Rule of Law in 2011

  7. Rule of Law in 2011 • The World Justice Project, an independent, non-profit organization, develops communities of opportunity and equity by advancing the rule of law worldwide.

  8. Rule of Law in 2011 • Founded by William H. Neukom in 2006 as a presidential initiative of the American Bar Association (ABA), and with the initial support of 21 other strategic partners, The World Justice Project transitioned into an independent 501(c)(3) non-profit organization in 2010. Its offices are located in Washington, DC, and Seattle, WA USA.

  9. Rule of Law in 2011

  10. Rule of Law in 2011

  11. Rule of Law in 2011

  12. Rule of Law in 2011 • Canada is among the top ten countries in the world in four categories of the rule of law: limited government powers, order and security, open government, and effective criminal justice. Corruption is minimal and the country generally observes fundamental rights. • (p.23 2011 The World Justice Project Report)

  13. Rule of Law in 2011 • However, discrimination against immigrants and the poor remains a source of concern (ranking 30th). Canada’s lowest scores are in the area of access to civil justice — where it ranks 16th out of the 23 high income countries indexed this year. • (p.23 2011 The World Justice Project Report)

  14. Rule of Law in 2011 • This can be partially explained by shortcomings in the affordability of legal advice and representation, and the lengthy duration of civil cases. • (p.23 2011 The World Justice Project Report) • http://worldjusticeproject.org/country/canada

  15. Rule of Law – First Constitutional Principle • Supremacy, or legal sovereignty of the central government over the whole country

  16. Rule of Law – Second Constitutional Principle • Neither the individual nor the government is above the law (law is king, not king is law)

  17. Rule of Law • Combination of positive and natural law • Positive Law: Builds its legitimacy upon the supremacy of the rule of law • Necessity of law: better to be governed by a system of laws than be governed by the discretion of a ruler or dictator, no matter how benign or informed • Need obedience to the law

  18. Rule of Law • Natural Law: • In formulating rules of law, one must also consider the quality of the law which must satisfy a minimum standard of justice

  19. Rule of Law • Included under this one expression (Rule of Law) are three distinct, though related, concepts:

  20. Rule of Law • (1) Absolute predominance and supremacy of the law as opposed to arbitrary and discretionary use of authority on the part of government authorities • Translation: Laws can’t be applied arbitrarily

  21. Rule of Law • (2) All individuals shall be treated equally before and under the ordinary law of the land. Consequently, no individual, regardless of position or status, is above obedience to the law • Translation: Laws apply equally to all

  22. Rule of Law • (3) Rules forming part of the constitutional code reflect a society’s beliefs and values. These rules represent the rights of citizens as enforced and interpreted in a court of law. • Translation: Everyone/society agrees we need laws

  23. Rule of Law • Professor Selznick taught that the quality of a country’s laws can be judged by whether an independent body, or branch of government exists that can challenge, review and limit the laws made by a ruling power • In Canada, the Supreme Court of Canada fulfills this role

  24. Rule of Law • Read: Case A GROSS ABUSE OF LEGAL POWER Roncarelli v. Duplessis, [1959] SCR 121, page 89 • READ AND DO ?’S • CLASS DISCUSSION in 10 minutes

  25. Comic

  26. Another Comic

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