R V. Mian SCC 54-Cocaine Case Analysis

The rights and freedoms of every Canadian individual are upheld and fought for through the effectiveness in the Supreme Court. When cases make its way up to the Supreme Court it’s their duty to decipher the right and just judgment, making sure the individual's rights and freedoms have not been infringed upon. The court's effectiveness is able to balance the of the individual needs against society's, ensuring fair treatment of judgment at the last and highest court.

In the case of R v. Mian SCC 54-Cocaine with intent of trafficking is significant and is a key part showing the Supreme court's effectiveness at upholding the individual's right. The right to be immediately read the reason as to why the individual was arrested, The Supreme Court placed more value of the infringed rights of the individual rather than focussing the severity of the crime. This case sets a precedent and places great significance on the way in which all police officers should carry out individuals detainment, making sure to follow the procedures and to insure no rights are infringed under the charter of rights and freedoms. The final decision of this case proves that the Supreme court is concentrated on both needs of
the individual and societies, not in the case of letting Mr Mian go free with intent to traffic drugs, but by making sure that police officials know the importances of following procedures ensuring equality amongst all individuals.

Alike in the final decision in the case of Trociuk v British Columbia (Attorney general) proves yet again that every individual's rights and freedoms no matter sex, age, race etc are important.
In this case between an estranged couple and their triplets the father of the babies claimed his rights were infringed and took the matter to the Supreme Court. By leaving the father out of the decision of the children’s surname, the highest court ruled the equality rights of the biological father were in fact infringed and violated compared to the decision at the lower trial. The lower court now has a year to alter this law or be declared invalid. The outcome of this case protects all individuals rights when it comes to equal protection under the law no matter what, no one is
excluded.

Similarly in the case of R v. Tran, 2010 SCC 58, the Supreme Court was able to establish what could be truly used when using provocation as a defence. In this case the appellant Mr Tran did not get off on lesser chargers as the higher court recognized that the appellants defense for provocation would not hold and thus he would be punished to the full extent of the law as victims rights and the safety of the community are far superior. This ensures the punishment for perpetrator fits the extent in which he carried out the attack and sets precedent for further cases where individuals carry out horrific attacks and uses provocation as a defense to get off on lesser chargers.

The Supreme Court is an effective tool at maintaining the rights and freedoms of the individual. The three cases above shows the way in which the Supreme Court carries out their decisions and final judgments insuring no ones rights have been infringed while still bringing order and peace in society. The Supreme Court is the very essence that ensure everyone is treated fairly in Canada and really has a voice to speak out about unfair treated in the system.