CHARTER OF RIGHT S AND FREEDOMS
A section of the Constitution Act ,1982, which sets out constitutionally protected rights and freedoms
FUNDAMENTAL FREEDOMS
-conscience, religion
-expression ,press(media)
-association
-peaceful assembly
-thought, belief , opinion
FREEDOM OF EXPRESSION VS. CENSORSHIP
Restrictions:
-materials that spread hatred
- school boards decide on what books to allow
-certain forms of pornography
-film censorship boards rate and limit access to films
-rating now appear on TV, shows, videogames, music, etc.
Pro-censorship:
-some parental groups think young people need to be protected form violence, foul language, and sexual images
-want to enforce “traditional positive values” = family, marriage, religion
-the morals of today’s youth are being corrupted
-feminist groups want to censor material that exploits and children
Anti censorship
-let people make up their own minds
-people can sensor themselves
-censorship takes away freedom of choice to the real world
-too many opinions on what is “acceptable”
-hard to enforce upon the Internet
LEGAL RIGHTS
Everyone has tight to life, liberty, and security of the person
-you have the right to be secure from unreasonable search or seizure. Police must have a reason to stop and search you or your property.
-you can’t e=be arbitrarily detained or arrested . They must justify to a judge that should be held in custody or arrested
Upon being arrested
-informed of the charge / why you are being arrested
-right to a lawyer without delay
-you have the right to habeas corpus, and can be released of the arrest was not lawful
If later charged with an offence you given the rights:
-informed of the specific charge
-must go to trial within a reasonable time/no long delays
-presumed innocent until proven guilty
-can’t be forced to give testimony against yourself/don’t have to speak in court
-right to
Citations: Public – R v. Power (2001) 7 D.L.R. (2d) 405 (Ont.C.A.) Private- Zablocki v