a. Section 7. This section states that everyone has the right to life, liberty, and security of the person, and the right not to be deprived thereof… When conscripted to the army, you are forced to go to a dangerous war in some remote area where you do not want to go. While you are there you are going to be risking your life when you have not chosen to do so and this means that you are being deprived of security and possibly even the right to life, a fundamental freedom. You are also not allow to desert, forcing you to stay, which deprives your of your liberty.
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c. Section 12. This section states that everyone has the right not to be subjected to any cruel and unusual treatment or punishment. A person may choose to be vegetarian for various reasons; it may make them sick, it may be part of their culture or it may even be that they are animal rights activists. Just because they have been found guilty of an offense does not mean that they should have to alter their culture or belief system.
d. Section 2. An anti-nuclear could climb on top of a nuclear smokestack saying that it is their fundamental freedom of peaceful assembly - they aren’t hurting anyone - but the government can limit these fundamental freedoms if it is reasonable, such as it is in this case. For one thing, they could be endangering the lives of themselves and others if they fall off the smokestack. Also, the nuclear plant will be private property and thus they could be stopped on the basis that it is trespassing.
e. Section 2. A high-school student should not be able to come to school nude, even if they think they are exercising their freedom of expression. They are surprising and basically forcing themselves onto others because it is not marked on signs or otherwise that people may be nude in that building or buildings. Also, most schools enforce a dress code which is required to be followed if the students want to get into class or be taught. The school has the right to suspend the student if they do not abide by the dress code. This is a reasonable limit to the freedom of expression.
f. Section 3. This section states specifically that “citizens of Canada” have the right to vote and be eligible for membership. Since illegal immigrants are not Canadian citizens, they do not have the right to vote or be eligible for membership. If they would like this right, they need to get citizen status.
g. Section 6. Section six of the Charter says that “Every citizen has the right to enter, remain in, and leave, Canada.” but Extradition laws limit these rights if you are facing criminal charges and wish to leave the country. Once again, this is a reasonable limit and if you are already in another country you may be ordered to return.
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j. Section 2. While a person could argue that having a polygamous lifestyle is a religious freedom, or being denied polygamy be a violation based on religious discrimination, but according to Section 293 of the Criminal Code, bigamy (marrying while you are already married to another person) is illegal and thus making polygamy (having more than one husband or wife) illegal as well. This limitation was made to protect those in the relationship from a trend of child and spousal abuse. No, members of a religious group cannot have more than one (legal) wife.
k. Section 2. I do not believe that municipalities could pass a by-law banning all assemblies for a thirty-day period because it had reason to believe that the assemblies may lead to disruptions because as long as they are peaceful gatherings, they are protected by Section 2 of the Charter. This states that everyone has the freedom of peaceful assembly. I don’t believe that having the assumption that an assembly could possibly lead to disruptions is a reasonable limit to put on an entire municipality.
l. Section 3. An inmate will claim that he or she has the right to vote in an election even though he or she is in an institution on the basis that Section 3 of the Charter states that every citizen of Canada has the right to vote in an election of members of the House of Commons. As long as the inmate is a Canadian citizen and over the age of 18, they are able to vote by special ballot as a staff member that is appointed as liaison officer helps all inmates register and vote if they so choose.
m. Section 15.1. The clause Section 15.1 would probably prevent this from happening today because it states that “Every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on… race, national or ethnic origin….” This means that even though they were of Japanese origin or descent, they are still equals unless they themselves do something criminal, no matter what is happening in Japan.
n. Section 6.2-4. The only way that the Newfoundland government could order that offshore oil rigs give preference to hiring Newfoundland residents is if the rate of employment in that province is below the rate of employment in Canada (Section 6.4). This would allow those positions to favour local residents. If the rate of employment is equal to or over the rate of employment of Canada then they may not prefer Newfoundland people because of Section 6.2.
o. Section 15.1. A person could claim that having the right to vote at eighteen, but being allowed to drink only at nineteen, is discriminatory by saying that this is discrimination based on age which is a violation of the equality rights. This is not the case though because it is a reasonable limitation to reduce the amount of injuries and whatnot that would come with younger people drinking.
p. Section 15.1. Yes, women will now be trained as fighter plane pilots because it is no longer possible to discriminate based on sex which is protected under the equality rights in section fifteen. As long as women have the right qualifications to be trained as fighter plane pilots, they need to be given equal opportunity to the position as men are.
q. Section . No, not all television stations will be forced to close-caption for the deaf because watching television is not a right