ipl-logo

Sauve V Canada Case Study

434 Words2 Pages

Sauvé v Canada (Chief Electoral Officer) (2002)

Plaintiff - Richard Sauvé
Defendant - Attorney General of Canada, Chief Electoral Officer of Canada & the Solicitor
General of Canada

FACTS The Plaintiff: Richard Sauvé is a former member of the biker gang ‘Satan’s Choice’. In 1975, Sauvé was sentenced to 25 years in federal prison for the murder of an opposing gang member. In 1993, Sauvé started a long journey fighting an injustice that denied all inmates the right to vote. He challenged the law that took away his right to vote while in prison, he argued that s.51(e) of The Canadian Elections Act violated his Charter Rights by excluding every person who is imprisoned in a correctional facility for the commission of any offence. Sauvé claimed that it contradicted s.3 of The Canadian Charter of Rights and Freedoms - Every citizen of Canada has the right to vote in an election of the House of Commons or of a legislative assembly. Sauvé was a citizen and as a citizen under the Charter, he was guaranteed the right to vote. …show more content…

In 2003, the Supreme Court of Canada agreed with the Plaintiff and deemed that the revised s.51(e) was unconstitutional because it did in fact violate the Charter.

Show More
Related

Little Sisters Vs. Canadian Charter: Case Summary

689 Words | 3 Pages

Officials had infringed upon the fundamental freedom in section 2 subsection 2(b), which concerns: the freedom of thought, belief, opinion, and expression. By confiscating specifically Little Sisters’ shipments of books and magazines, on the grounds of “obscenity”, Canada Customs halted and censored expression of gay and lesbian media. Additionally, Canada Customs was responsible for the infringement upon section 8 of The Charter, which pertains to the right of security against unreasonable search or seizure. Little Sisters’ shipments were repeatedly confiscated and detained, without just cause. Thirdly, Little Sisters’ right to equality under section 15 subsection 1 was violated because the discrimination they were subjected to was likely caused because of the fact that Little Sisters is run by and for the LGBT community.

Read More

Legal Studies: The Court Case Of Vickie Lee Roach

1020 Words | 5 Pages

The legal issues in the case directly related to prisoners structural rights, and the concept of representative government. Vickie did not believe that a government could truly be 'by the people, for the people' if all citizens did not get a say. The case also bought into question whether it was 'constitutional' for the government to overrule previous legislation in an attempt to disenfranchise all prisoners from voting. The High Court on considering the arguments from both Vickie Lee Roach and the Commonwealth of Australia/ Australian Electoral Commission ruled in favour of Vickie.

Read More

Analysis Of Emily Murphy's Case: A Defining Moment For Canada

1526 Words | 7 Pages

4)Robert J. Sharpe, Patricia I. McMahon Persons Case: The Origins and Legacy of the Fight for Legal Personhood. Toronto: Univ of Toronto Press, 2007, 1-206 5) Michael Dorland and Maurice René. Charland, Law, rhetoric and irony in the formation of Canadian civil culture (Toronto: University of Toronto Press, 2002), 218. 6) Vivien Hughes.

Read More

Was Louis Riel Trial Just And Fair Research Paper

210 Words | 1 Pages

The Canadian government cheated the justice system by moving the trial from Manitoba to Regina. The jury was all white and anglophone which benefitted the government. It should have been a mix of metis, white, anglophone, and francophone. Riel was admitted to a mental asylum in Quebec and stayed there for 19 months.

Read More

Review Of Ron Graham's Essay 'The Last Act'

2747 Words | 11 Pages

Additionally, Trudeau then was tasked with attempting to negotiate a settlement with the reluctant premiers, which argues that Trudeau's strategic maneuvers and the premiers' unyielding resistance reflect the clash between centralizing and decentralizing forces within Canada's political landscape. The disagreement over the language rights made the settlement process far more complicated than expected. The amending formula and the provisions on language rights became central points of contention, reflecting the deeply entrenched regional divisions and divergent views on federalism and individual rights. Trudeau was very passionate about his version of the Charter, and Graham argues that Trudeau used his abilities and background in his longstanding commitment to human rights and democratic freedoms, shaped by his experiences as a student and his efforts to combat oppression and discrimination in Quebec in the 1940s to push for said

Read More

How Did Louis Riel Get Justice From The Government

112 Words | 1 Pages

The jury was made up of French speaking Protestants and the judge was from Ontario. The British court was also prejudiced. That’s why I don’t think Riel got justice from the government.

Read More

Ronald Sparrow Case Study

212 Words | 1 Pages

This case is about a man named Ronald Sparrow, who was criminally charged in 1984 for fishing with a drift net that exceeded regulation length under Section. 61(1) of the Fisheries Act. Sparrow is part of a Canadian-First Nations Band called Musqueam, and argued that S. 61(1) violates his rights under S. 35 of the Canadian Constitution. S. 35, guarantees all first nations, the protection of their fishing, logging, hunting, and land rights. The Crown’s argument was that Sparrow knowingly violated his food fishing license, however according to Sparrow, this law was inconsistent with S.35.

Read More

How Did Pierre Trudeau Changed Canada?

1421 Words | 6 Pages

Canada is now known to be a diverse, multicultural, bilingual and inclusive nation largely as a result of his work. Pierre Elliott Trudeau also believed in an equal Canada for all, he is primarily the one to introduce rights and freedoms to the citizens of Canada. While some view Pierre Trudeau as impulsive, for enforcing the War Measures Act, Trudeau enacted this for the protection of Canadian citizens against radical extremist and his actions were more rational than impulsive for the situation that had suddenly occurred. Pierre Trudeau was one of Canada’s greatest Prime Minister’s, who’s impact fundamentally changed the course of the nation by introducing multiculturalism, for introducing the Canadian Charter of Rights and Freedoms and for paradoxically upholding democracy by strong action during the October Crisis.

Read More

Left And Right Wing Charterphobia Analysis

814 Words | 4 Pages

It is because of this analysis that I find myself agreeing with Sigurdson that the left and right-wing charterphobes are not entirely correct in their disagreement with the Charter. The ideas and critiques proposed are what have convinced me of the author’s approach to Canadian charter, these ideas are what I have taken away as a result of reading this article. Much like the liberals and conservatives opposing views on a variety of different political topics, right and left-wing charterphobes had very different concerns for why they did not agree with having a charter within Canada. Another idea that has been taken away from this article is that accomplishments for the underprivileged individuals such as the new sentencing for offenders found not guilty for reasons of mental illness, voting rights for those with disabilities and so on improve the democratic nature rather than undermine it like the right-wings argued. What I was also able to take away from this article is that the author did not view the charter as perfect and without flaws but rather did not agree with the charterphobia exhibited by the right and left-winged individuals.

Read More

Aucoin's Democratic Reform In Canada

1010 Words | 5 Pages

Aucoin Essay Our new prime minister of Canada, Justin Trudeau has given a set of democratic reforms to minister LeBlanc who has been given the task to deal with the problems regarding parliament issues. Our prime minister has promised Canadians real change to the way the government governs by committing to invest in Canada’s growing economy, to strengthen the middle-class, to help the hard working class, to provide help to those whom need it most compared to those who do not need it, and to invest in the public to create jobs, economic growth and a broad-based expansion. Aucoin’s democratic reform proposal tests for good reforms that include clear objectives, no loopholes, clear enforcement mechanism, entrench the house of commons power, fixed

Read More

24th Amendment Pros And Cons

948 Words | 4 Pages

Harper argued in court that her rights were being violated, and that having to pay a poll tax was against the 14th amendment. She won her case in a six to three decision. Obviously if Harper had been able to use the 24th amendment to defend herself, the trial would have gone a lot faster. It ends up being very ironic that she was forced to pay a poll tax, but could not use the amendment disallowing poll

Read More

Canadian Charter Of Rights Essay

1459 Words | 6 Pages

elective representatives square measure restricted in what they'll do -- and also the system of checks and balances that exists consists of unelected, unaccountable Supreme Court Justices -- thus, the Canadian Charter of Rights and Freedoms is anti-democratic. this can be a heavy, and untrue, statement. it's as a result of this Charter that we tend to, as Canadians, square measure entitled thereto opinion. maybe one ought to examine the method by that legislation will be turned, instead of the very fact that it's

Read More

The Benefits Of The Canadian Charter Of Rights And Freedoms

1219 Words | 5 Pages

Before the Charter, many people may argue that Canada was a free and democratic country. Canadians had the freedom of expression, equality and the principles of fundamental justice. What changed with the creation of the Charter was that rights and freedoms were given constitutional status, and judges were given the power to strike down laws that infringed on them. In 1982, most Canadians agreed that the introduction of the Charter was going to monumental. But on the contrary, over 30 years later, numerous laws have been struck down by interpretation of the charter and remedial techniques that have been developed by courts.

Read More

Felons Should Be Allowed To Vote Analysis

390 Words | 2 Pages

In the article “Why Released Felons Should Be Allowed to Vote”, author Steve Chapman addresses the concerns of societal members who are worrisome about a released felon’s right to vote. The basis of the article is focused on whether or not those who were once accused of a felony, should be granted voting rights after being released into society after imprisonment or the proportionate punishment has been served. The author’s thesis is that previously convicted felons who have been reformed through rehabilitation or incarceration should receive voting rights after being released into society, and should not be subject to the inquiry of society based on their prior actions. The main argument made by Chapman is those who are against voting

Read More

Rhetorical Analysis Of Why Prisoners Deserve The Right To Vote

1359 Words | 6 Pages

The inmate population in prisons is ever so growing. In society, different parties and groups are uncovering flaws in our country, and one of them is how prisoners do not have the right to vote. Even though prisoners are held behind gates, fences, and bars, they are still citizens and are protected by the constitution. But do all the amendments and articles still apply to the inmates? This little wrinkle causes controversy on whether or not prisoners deserve the right to vote.

Read More

More about Sauve V Canada Case Study

Related Topics

Open Document