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In: Operations Management

write about how Canada’s legal system protects its citizens better than another country (i.e. compare Canada...

write about how Canada’s legal system protects its citizens better than another country (i.e. compare Canada to a country that does not have a comparable human rights record); and find a human rights interest story on the Internet about a Canadian case and provide an opinion about the decision

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Expert Solution

In my opinion, Canada is known as a world leader when it comes to human rights and equality. They are always working to improve their health rights and human rights worldwide. They were instrumental in creating the Universal Declaration of Human rights in 1948. They are known as world leaders due to their efforts to promote human rights through multilateral organizations such as G7, OAS, and OSCE and so on. They participated in the UN Human Rights Council (HRC) and Canada worked with other countries to promote human rights through international development assistance, administrative and legal training and the provision of technical assistance.

One of the countries that cares about human rights is Canada, they were ranked number 3rd in the best countries that care about their civil and political rights, immigration and other integral issues that impact the citizens of the country. Another country that did not make it to top 10 and was declined is the United States of America, they finished at number 19th.

There are reasons why Canada outranked the United States and other countries. It is because of their legal system that protects the human rights of their citizens compared to the United States of America. Although both of the legal systems are based on British common law, the implications and applicability differ with significant distinctions.

The following reasons explain why Canada legal system protects its citizens in a better way than the American legal system:

1. In Canada, criminal law is under federal jurisdiction. Criminal cases are prevalent in both countries but Canada has a better system to tackle it because they have one federal criminal law and criminal code across the country whereas, in the U.S, criminal law varies from state to state.

2. The structure of the court system in Canada is superior, as their federal courts have limited jurisdiction in the province and stay to task of correcting simple errors. This makes the Supreme Court more influential and endorses federalism among all provinces by promoting uniformity among their governances. Whereas in the U.S.A, there are two distinctly functioning court systems, which is a state and federal court, they interfere with cases and there are clashes of power.

3. Canada is better in progressive criminal reforms than the U.S. They do not have the death penalty in their legal system whereas at least thirty-one states in the United States of America have the death penalty.

One of the human rights violation case heard in Canada and its decision is provided below:

Ms. Kohli versus the International Clothiers, 2012

In this case, Ms. Kohli was passed on as an option for the promotion of assistant manager at International Clothiers because of her gender. She was considered not suitable for promotion because she was a woman. When she confronted these decisions, Ms. Kohli was exposed to reprisal. The tribunal found the company guilty of discrimination based on gender was ordered to pay for damages and for lost wages.

In my opinion, gender-based discrimination is also a part of a human rights violation. It violates the human rights of a woman to be treated equally. Discrimination based on sex is prohibited under every human rights treaty. Hence, what the tribunal court declared based on the evidence was a fair decision. They maintained the rights of Ms. Kohli and treated her case based on human rights.

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