Question

Discussion topic

R.B. v The Children’s Aid Society of Metro Toronto

The facts are set out here, in their entirety, and are not in the textbook. This is all the information you need, I promise.

In this case, the parents were members of the Jehovah’s Witnesses, and when their child was born prematurely with several physical ailments, they resisted the recommendations of the doctors to use blood transfusions due to their religious convictions. At the age of one month, the doctors felt the baby's life might be in danger and wanted to administer a blood transfusion as part of the treatment. The parents refused. An application was made to a Provincial Court judge to make the child a ward of the Court, with responsibility for health decisions given to Children's Aid. This was done on a temporary basis, and the transfusion was administered. The parents objected to this as an interference with their Charter rights and appealed the decision to grant wardship. Analyse the case using the format from class.

You may look up the provisions of the Charter of Rights and Freedoms online if you have not been able to obtain a text, but not the case itself. The general principles of the Charter are found in the text.

its relate to business law this is a discusson topic

Answer 1

I 'M SAYING ABOUT THE CHARTER OF RIGHT AND FREEDOMS OF CANADA

Rights and freedoms in Canada

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Fundamental Freedoms

Marginal note:Fundamental freedoms

2. Everyone has the following fundamental freedoms:

• (a) freedom of conscience and religion;

• (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

• (c) freedom of peaceful assembly; and

• (d) freedom of association.

Democratic Rights

Marginal note:Democratic rights of citizens

3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

Marginal note:Maximum duration of legislative bodies

• 4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members. (81)

• Marginal note:Continuation in special circumstances

  (2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be. (82)

Marginal note:Annual sitting of legislative bodies

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (83)

Mobility of citizens

• 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

• Marginal note:Rights to move and gain livelihood

  (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

  • (a) to move to and take up residence in any province; and

  • (b) to pursue the gaining of a livelihood in any province.

• Marginal note:Limitation

  (3) The rights specified in subsection (2) are subject to

  • (a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and

  • (b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

• Legal Rights

  Marginal note:Life, liberty and security of person

  7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

  Marginal note:Search or seizure

  8. Everyone has the right to be secure against unreasonable search or seizure.

  Marginal note:Detention or imprisonment

  9. Everyone has the right not to be arbitrarily detained or imprisoned.

  Marginal note:Arrest or detention

  10. Everyone has the right on arrest or detention

• (a) to be informed promptly of the reasons therefor;

• (b) to retain and instruct counsel without delay and to be informed of that right; and

• (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

GENERAL PRINCIPLES

1.The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including

• (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

• (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired. (94)

Marginal note:Other rights and freedoms not affected by Charter

2. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.

Marginal note:Multicultural heritage

3. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.

Marginal note:Rights guaranteed equally to both sexes

4. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

Marginal note:Rights respecting certain schools preserved

5. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools. (95)

Marginal note:Application to territories and territorial authorities

6. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.

Marginal note:Legislative powers not extended

7. Nothing in this Charter extends the legislative powers of any body or authority.