The Charter is alive and continue to protect the rights and freedoms of Canadians. Two recent cases in British Columbia, one dealing with polygamy and the other about the manner in which suspects rights were ignored attest to this. These cases also revealed the extent to which Canadians enjoy rights which they previosly did not have and how they had been victimised. On April 15, 1982 Canada became a more democratic country and arbitrariness was limited, and it was done with a Charter that married parliamentary supremacy with judicial review. Outstanding. It avoided the rigidity of the American Bill of Rights and the "flexible conventions" of the British Bill of Rights.
In the latter, a B.C. judge tossed out evidence after finding that the RCMP had "ignored" charter rights of suspects to such a degree that "one might have thought that the investigation took place before the Charter of Rights had ben enacted" . Two half-naked suspects were hosed down in the cold outside their home, no interpreters were brought in to read the suspects their rights, failing to allow suspects to read warrants and not filing court documents in a timely manner. "The officers in charge did not seem to care.... and the cumulative violations lead to the conclusion that they operated in 'bad faith'". ( see Sections 7-14, Legal Rights of Charter). Warrants were not translated into Chinese, no interpreters were provided, contents of search warrants were not read or their contents shown, doors were broken down and suspects clad only in underwear were handcuffed and forced to lie down while being hosed with cold water.
Canada's polygamy law is constitutional but flawed B.C. Supreme Court Chief Justice Robert Bauman ruled, Nov.23, 2011.The law prohibiting polygamy is sound but inconsistent with the Charter of Rights and Freedoms as it applies to children between 12 and 18, who marry into polygamy or enter into a conjugal union with more than one person at the same time. He suggested that the law be "read down" concerning the term"everyonr" in Section 293 of the Criminal Code to exclude potential accused persons under 18.
In upholding the polygamy law the judge pointed to the "elevated risk of physical and psychological harm that women in polygamous relationships face. "They face higher rates of domestic violence and abuse, including sexual abuse". In this reference case the judge heard arguments from the government of B.C. and Canada of the harms and risks that polygamous marriage puts women and children and that Section 7 of the Charter of "life, liberty and the security of person" should trump the right to "religious freedom", Sec.2 of Charter.He agreed, adding that " early marriage for girls is common, frequently to significantly older men. The resultant early sexual activity, pregnancies and childbirth have negative implications for girls, and also significantly limit their socioeconomic development". The B.c. Civil Liberties Association had also argued that Section 293 of the Criminal Code was too broad, criminalizing consenting adults. The judge did not accept this arguement but did suggest that it be "read down' for those under 18.
There is a message here for those from particular religions that have some "peculiar" practices, whether it be practised by those calling themselves Christians, Jews, Muslims. Hindus or any other sect or "religious group" . The Charter of Rights and Freedoms exist for all. However, this means that not only should we be aware of the Charter, we must also know what it is and what protections are offered and we must be willing to use these Rights and Freedoms. Section 15 on Equlaity Rights and Section 28 on Gender Equality ( this section unlike Sec.15 is not subject to the "notwithstanding clause", Sec.33.) are there for our protection also.
In the latter, a B.C. judge tossed out evidence after finding that the RCMP had "ignored" charter rights of suspects to such a degree that "one might have thought that the investigation took place before the Charter of Rights had ben enacted" . Two half-naked suspects were hosed down in the cold outside their home, no interpreters were brought in to read the suspects their rights, failing to allow suspects to read warrants and not filing court documents in a timely manner. "The officers in charge did not seem to care.... and the cumulative violations lead to the conclusion that they operated in 'bad faith'". ( see Sections 7-14, Legal Rights of Charter). Warrants were not translated into Chinese, no interpreters were provided, contents of search warrants were not read or their contents shown, doors were broken down and suspects clad only in underwear were handcuffed and forced to lie down while being hosed with cold water.
Canada's polygamy law is constitutional but flawed B.C. Supreme Court Chief Justice Robert Bauman ruled, Nov.23, 2011.The law prohibiting polygamy is sound but inconsistent with the Charter of Rights and Freedoms as it applies to children between 12 and 18, who marry into polygamy or enter into a conjugal union with more than one person at the same time. He suggested that the law be "read down" concerning the term"everyonr" in Section 293 of the Criminal Code to exclude potential accused persons under 18.
In upholding the polygamy law the judge pointed to the "elevated risk of physical and psychological harm that women in polygamous relationships face. "They face higher rates of domestic violence and abuse, including sexual abuse". In this reference case the judge heard arguments from the government of B.C. and Canada of the harms and risks that polygamous marriage puts women and children and that Section 7 of the Charter of "life, liberty and the security of person" should trump the right to "religious freedom", Sec.2 of Charter.He agreed, adding that " early marriage for girls is common, frequently to significantly older men. The resultant early sexual activity, pregnancies and childbirth have negative implications for girls, and also significantly limit their socioeconomic development". The B.c. Civil Liberties Association had also argued that Section 293 of the Criminal Code was too broad, criminalizing consenting adults. The judge did not accept this arguement but did suggest that it be "read down' for those under 18.
There is a message here for those from particular religions that have some "peculiar" practices, whether it be practised by those calling themselves Christians, Jews, Muslims. Hindus or any other sect or "religious group" . The Charter of Rights and Freedoms exist for all. However, this means that not only should we be aware of the Charter, we must also know what it is and what protections are offered and we must be willing to use these Rights and Freedoms. Section 15 on Equlaity Rights and Section 28 on Gender Equality ( this section unlike Sec.15 is not subject to the "notwithstanding clause", Sec.33.) are there for our protection also.
