Charter Case Study

Charter Case Study

Analyze the case(s)/topic chosen using your knowledge of the Charter, and present your findings to the class.

Instructions:

Research your topic thoroughly and make sure that you understand the Charter sections involved.
Written Assignment: (good copy only)

Summarize the case or cases involved in your topic in detail. (who/what/where/when/why/how)
Which Charter section(s) are involved in this case? Be specific. Explain each charter section and how it is connected to the case (don’t forget section 1!)
Explain the conflicting laws involved in the case. Which statue law is conflicting with the charter?

ex: (Whatcott)The Human Rights Code of Sask. includes sections that prevent hate speech. These sections of the Code are in conflict with section 2 (b) or the Charter which guarantees freedom of expression b/c…

Explain (in detail) the two opposing arguments involved in your topic.

ex: (death penalty) Some people feel that serious criminals deserve death, while other feel that the governments should not be involved in the killing of anyone, regardless of their crime.

Find one country that has a different legal opinion on this topic. Explain how this country deals with the right/freedom differently.

ex: In certain states of the U.S.A. the death penalty is still used as a punishment for certain crimes

Come up with one open ended question for class discussion; it should focus on the Charter.

ex: Do you agree that the death penalty is a violation of Charter rights and should not be used in Canada? Why or why not?

What is your opinion on the topic?

ex: We think that Canada should have the death penalty because…

Bibliography – include all sources properly cited -

Cernetig, M. (2009, August 11). Opinion: Crafty Campbell knew the dangers of HST. The Vancouver Sun. Retrieved from

Presentation

a.Read out your guiding question to the class and introduce your topic. Be sure to explain the topic clearly to the class – some may not have any prior knowledge about your topic, so be clear!

b.Explain your findings to the class (1-5). Do not just read off your sheet – explain!

c.Ask your discussion questions to the class and give them 2 minutes to discuss with their groups and form a response.

d.Lead a discussion on the topic by asking groups for their opinion.

e.Lastly, share your own opinion with the class.

What’s the point?

The idea is to learn about important sections of the Charter through legal cases in Canada, as well as to promote class discussion. As each group presents, you will record information on the back of this sheet.

Charter Case Studies

Charter topic / Brief Summary / Charter sections / My opinion
Religious symbols and Sikhism
Religious symbols and Islam
Polygamy
Anti-terrorism laws
Hate speech
Prisoners’ voting rights
Assisted Suicide
Legal rights during arrest and investigation
Same-sex marriage and marriage commissioners
Affirmative Action Programs

Possible Choices:

Charter Subheading / Guiding Question / Starting point for research / cases
Fundamental Freedoms / Does the government have the right to ban religious symbols in some situations?
(Sikhism) /

Gurbaj Multani (Kirpan case)
Pardeep Nagra (boxer)
Baltej Singh Dhillon (RCMP)

Does the government have the right to ban religious symbols in some cases?
(Islam) /

R. v. N.S. (Niqabs in court)
6 Niqab legal controversies in Canada
When and where are burkas, niqabs and head coverings allowed/not allowed?

Do our current marriage laws discriminate against some religions? /

Polygamy in Bounitful, BC (Winston Blackmore and James Oler)

Do our anti-terrorism laws violate fundamental freedoms? /

Momin Khawaja
Suresh Sriskandarajah and Piratheepan Nadarajah

Can the government limit the rights of parents to teach their children racist beliefs? /

When is it hate speech? 7 Significant Canadian cases (CBC)
parents draw swastika on child (text p. 178)

Democratic Rights / Should prisoners be allowed the right to vote? /

Sauvé v. Attorney-General of Canada

Should a Canadian citizen be allowed to end their life in certain circumstances? /

Gloria Taylor
Sue Rodriguez

When can courts throw out a case due to violations during arrest or investigation? /

“BC judge tosses ecstasy case”
“Supreme court quashes drug conviction…”

Equality Rights / Do marriage commissioners have to perform same-sex marriages if it’s against their religion? /

Same-sex marriage in Canada
Orville Nichols

Are affirmative action programs discriminatory? /

R. v. Kapp
Richmond Fire Department

Written AssignmentGroup: ______

Exemplary / Accomplished / Developing / Beginning
Summary / Article(s) are well summarized – concise without missing any important information. / Summaries are good, but may be slightly repetitive and/or missing an important piece of information. / Summaries are okay, but are repetitive and/or missing many important points. / Summaries are unclear and inaccurate. Much of the important information is missing or incorrect.
Charter and law / All charter sections and laws involved are explained accurately. Shows an excellent level of understanding of the conflicting laws. / All charter sections and laws involved are explained, but may be lacking some detail or accuracy. Shows a good understanding of the conflicting laws. / Most charter sections and laws are present, but some are lacking detail or accuracy. Shows an average understanding of the conflicting laws. / Many charter sections or laws are missing or not properly explained. Does not show an understanding of the conflicting laws.
Opposing arguments / Both sides of the argument are clearly explained with supporting reasons. / Both sides of the argument are explained but lacking some detail. / Both sides of the argument are mentioned but not clearly/accurately explained. / Both sides of the argument are not explained.
Comparison Country / Selection and explanation are accurate and clear. / Selection and explanation are mostly accurate and clear, but may be missing some detail. / Selection and explanation are not entirely accurate or detailed. / Selection and explanation are inaccurate or off topic.
CITATION / This assignment will not be assessed unless a bibliography is included

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PresentationGroup: ______

Exemplary / Accomplished / Developing / Beginning
Content / Questions 1-5 are clearly summarized and explained to the class. All information is accurate. The class fully understands the legal aspects of your case. / Questions 1- 5 are explained, but lacking some detail or clarity. Almost all information is accurate, and the class understands the main idea of the case. / Some important details from questions 1-5 are missing. Not all of the information given is accurate. The class does not understand some of the legal aspects of the case. / Many important details are missing. The class does not fully understand the legal aspects of the case.
Presentation Skills / -presentations is extremely organized
-All students contribute
-All students are loud, clear and prepared
-Students are not reading off their notes. / -presentations is mostly organized
-All students contribute
-Most students are loud, clear and prepared
-Some students read directly from notes. / -presentation is not organized
-Not all student are contributing equally
-presentation is difficult to hear
-Most students read directly from notes. / -presentation is very unorganized
-contribution is very unequal
-presentation is difficult to hear
-all students are reading directly from notes.
Discussion / -discussion question is on topic and extremely thought provoking
-group leads an excellent discussion and encourages participation from others / -discussion question is on topic and evokes discussion.
-group attempts to lead discussion and get others involved. / -discussion questions is on topic but not entirely open ended.
-group makes few attempts to get discussion going. / Discussion questions is off topic and/or unclear.
-group makes no attempt to get discussion going on the topic.

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