...multiculturalism and the charter not only focuses on immigration but it also directs its attention to bilingualism. Again, using section 27 of the Charter, multiculturalism is used to protect language rights, which furthers complications between minority groups (Uberoi, 2009). When minority groups felt that their language rights were threatened, they used the charter against Canadians to further advance their own interest (Uberoi, 2009). These minority groups stated that “Canada’s nature was not bicultural, it was multicultural” (Uberoi, 2009). These groups marginalized the regulations of Canada in attempt to override individual freedoms to benefit their minority groups. As a result of the Charter, “Canada would go from a ‘Britain...
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...conflict perspective. Massachusetts: Addison-Wesley, 1973. 430-444. Print. This is a course material source and a foundation of the essay, as it will exemplify as to how vagrancy laws support the interests of the elites and how the upper class played a hand in the law-making process during its first appearance in England. Ribton-Turner, Charles James. A history of vagrants and vagrancy, and beggars and begging. London: Chapman and Hall, 1887. Print. This is an outside source that will go into depth as to how vagrancy laws came into being and as a response to the vagrants in England. One notable section describes King Henry I’s solution to limiting how vagrants could roam, in which they are not to leave a certain area without specific permission and that such a violation could lead to considerable punishment, which included a fine and "to do right in all respects" (Ribton-Turner...
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...2501 T – Course Paper Topics Each of these three essay topics is intended to enhance your understanding of an aspect of this course. You are to select one topic below and write an essay on the topic- note: unless approved by me in writing papers on other topics will not receive a passing grade. You are expected to research and make sense of the topics independently; I won’t be able to answer “am I on the right track?” types of questions, or to comment on any drafts before your final copy is due on, or before, midnight November 25, 2013. Despite the foregoing, I am available for consultation on your paper, please contact me if you need assistance. Make sure you address the various aspects of the topic necessary to answering the question. You must independently assess how much space to devote to each aspect, depending on the importance it appears to have in the context of the question as a whole. The body of the paper’s text is strictly limited to between 10 and 12 double spaced pages. It is to be written in 12 point font, and include a title page, page numbers, footnotes, bibliography and citations following the Canadian Guide to Uniform Legal Citation (McGill Guide) format.Please note that overdue essays without valid excuse (e.g. death in the family, illness, injury) will be penalized 4% for each calendar beyond the deadline. Any paper more than seven (7) days late will automatically receive a failing grade. Essay Topic #1 On September 28, 2013 in a little noticed...
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...Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. While s.8 of the Charter seems to give similar protection as the Fourth Amendment, they have very different requirements for judicial authorization, reasonableness and standard of “probable cause”. Scrutinizing those different requirements and standards, this paper holds that the process of DNA collection is highly intrusive and would be a serious violation of s.8 of the Charter as it could reveal an excessive amount of private information about an individual over which he/she has a strong reasonable expectation of privacy. Furthermore, it will deprive people from their right to be presumed innocent, which is protected under s.11 (d) and significantly impact socially marginalized groups. Finally, this paper conducts an analysis of the violations under s.1 of the Charter and indicates that none of the violations can be justified in a free and democratic society. INTRODUCTION: In a recent judgment, the Supreme Court of the United States approved the collection of a defendant’s DNA upon arrests under the Fourth Amendment. 1 Interestingly, it seems that Canadian legislatures found this decision very inspiring as the Minister of Justice, Peter...
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...CHARTERING AN AIRCRAFT * Charter aircraft business segments * Dangerous goods – definition / precautionary actions for air transport * Definition of AOG * Two issues that can affect the pricing of a charter * Basic Functions of the International Civil Aviation Organization * Glossary CHARTERING A VESSEL * Definition of chartered ship * Definition of affreightment * The Charter Party * Broker commissions * Know 3 of 5 case studies – the issue / the decision / the reasoning behind the decision: Granit S.A. -v- Benship Ehsa v Pohnpei Port Authority Auto Holdings Ltd v Silk & Boyd Ltd Ports Authority v Bounty Bay Moses v MV Sea Chase * List the 4 freight markets * BIMCO * Types of charters * Chartering terms: Both Ends Deadfreight Demurrage Free in and out Laydays Seaworthy Trim Supercargo Project Cargo * Definition of the term * Understanding of the pre-qualification notice * Understanding of an RFP * Technical proposal / Financial proposal * Describe a survey company * List and describe 3 principle activities of the survey company * List elements of value that survey companies provide to the seller / buyer / financial institution Transportation Law and Legal Liability * Definition of Common Law / Statutes * Constitution Act, 1867 * Constitution Act, 1982 * Definition of ‘Patriation’ * The Canadian Constitution: Federal and Provincial...
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...Western Alienation Western alienation is defined as a “political ideology” or regional discontent, this is rooted with the dissatisfaction of western provinces in the federal government by representation. This essay will examine the causes of western alienation in Canada by examining 3 main causes: Inter-state federalism, the senate and the importance of Quebec emerging in late 1900's. Governments in Canada have developed relations between themselves, involving government and legislation. Inter government relations resemble international diplomacy( meetings with prime minister, provincial premiers, staff and flags). Conducted by government and politicians who have to be sure of the fact that what they do in inter government relations is public and people are watching them. Proponents of the western alienation may suggest that complaints in western Canada most often have to do with matters falling within the jurisdiction of the federal government, such as trade policy, tariffs, equalization procedures, and various aspects of fiscal arrangements pertaining to federal social program investment and expenditure. The West wants fair rules and regulations regarding these matters of federal concern. Thus, this desire should not be correlated with the demand for more provincial powers or jurisdiction. The most popular form of representation in the house of commons is the senate, in Canada the senate is appointed by the Prime Minister. Although the senate in Canada does not represent...
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...CLN 4U1 McCabe 09/30/2016 Jurisprudence and Legal Philosophy Essay Canada’s laws are a combination of many different philosophies about how to achieve justice. One of the most impactful philosophists are Plato because he believed that humans by nature are good which is a belief that Canada has adopted. Aristotle also believed in natural law and that everyone should have access to the same resources despite financial advantages or disadvantages similarly to Canada's beliefs. Lastly, Cicero greatly impacted Canadian law because he believed that justice comes from a reasonable person which is the basis of all Canadian laws. The three most impactful theorists on Canadian law are Plato, Aristotle and Cicero because they all believe...
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...Should reasonable accommodation be implemented in Quebec? “Reasonable accommodation refers to the idea that equality rights set out in section 15 of the Canadian Charter of Rights and Freedoms demands that accommodation be made to various ethnic minorities. The concept is especially applied with reference to the anti-discrimination laws in Québec's Charter of Human Rights and Freedoms.” (Rock, Hoag) Multicultural and ‘multiculturalism are terms commonly used to refer to “a social condition of ethnic and racial multiplicity, to a government policy for addressing the problems associated with such range, and to an ideal of interethnic harmony and cooperation on the basis of equality”. (Harold Troper) As an ideal or ideology, multiculturalism sets a standard for the equal treatment of new and minority members of an existing national society. It seems as though many calls for accommodation come from the advocates of mixed-up political precision, the promoters of multiculturalism, diversity and communitarianism. For them, the presence of permanent ethnic and religious groups and of collective rights attached to them is a public good. Reasonable accommodation is one of the ways of upholding differences and the negotiation of the level of accommodation. This model of Canada is what Joe Clark meant when he said that Canada is a “community of communities.” (James) The opponents of accommodation, especially in Quebec, are often inspired by French republicanism, by views of secularism...
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...the final exam will be the basis of both the short answer and longer essay questions. Please note that some of the concepts listed under lectures are also covered in the readings, sometimes in more than one chapter. Lec. 1-2 What is Politics? Concepts from the Lecture: Politics ‘Polis’ Plato Machiavelli Modern Age Thomas Hobbes Leviathan Concepts from the Texts: ‘Simile of the Cave’ ‘fortuna’ philosopher-king Behavioural Approach Class Analysis Elite theory Pluralism Institutionalism ‘Power to’ vs. ‘Power over’ Lec. 3 What is the State? Concepts from the Lecture: Treaty of Westphalia Social Contract Legal-institutionalism Branches of State Levels of State Elitism Pluralism Additional Concepts from the Texts: Night Watchman State Neo-liberal state Welfare State Liberal Democracy Lec. 4 The State: Power, Authority, and Sovereignty Concepts from the Lectures and Readings: Power Authority Sovereignty Weber’s Typology of Authority Concepts from Readings: See Lec. 3 concepts Lec. 5 Political Ideologies: Liberalism Concepts from the Lecture Ideology Left vs. Right ideologies John Locke/ Two Treatises of Government J.S. Mill/ On Liberty Tenets of Liberalism Welfare Liberalism vs. Libertarianism Concepts from Readings The Republic State of nature Tyranny of the majority Harm Principle ‘Politics as a Vocation’ Equality Rights Lec. 6 Republicanism, Conservatism and Socialism Concepts...
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...consisting of the male breadwinner, the stay-at-home wife, and around two or three children (even more during the post-WWII decades). That being said, homosexuals were viewed as a threat to the heterosexual family structure, which was the fundamental social fabric at the time. It can be argued that the major factor leading to the quest for the decriminalization of homosexuality in Canada was the case of Everett George Klippert in the 1960s. For many federal government politicians at the time, such as Justice Minister Pierre Trudeau (Prime Minister from 1968-1979), Klippert’s case brought to light the imprecision of the laws and legal concepts concerning homosexuals and, by extension, homosexuality as a whole. In the following paragraphs, this essay will first provide a general context of how homosexuals were treated and/or perceived in the first half of the 20th century. Subsequently, an in depth examination of the Wolfenden Report’s view of morality and criminality, concerning homosexuality, being two mutually exclusive concepts, as well as legal concepts of “gross indecency” and “the dangerous sexual offender,” prior to the decriminalization of homosexuality in Canada in 1969, and the laws, amendments, and reforms established in subsequent years will provide the reader with an explanation of how Everett...
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...mentally competent throughout the process. Therefore, Sue requested the right to participate in voluntary euthanasia to have the option to end her own life with dignity. The law in Canada prohibits physician assisted suicide, so she challenged the law in court. However, the British Columbian court ruled in majority against Rodriguez. Rodriguez then appealed the court’s decision to the Supreme Court of British Columbia but the court had dismissed her appeal to participate in voluntary euthanasia with one dissenting judge and forwarded it to the parliament. The final decision made by the parliament was brought before the supreme court of Canada, which resulted in a 5-4 majority decision in favor of the current law that criminalized physician assisted suicide. Sue Rodriguez case embodies a serious ethical dilemma. It raised many philosophical and moral issues; this essay will analyze the various issues that justify the Supreme Court of Canada’s majority decision verses the dissenting judges. The key arguments that Rodriguez made in court were section 241(b) of the criminal code of Canada. Section 241(b) states that: anyone who aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an indictable offence liable to imprisonment for a term not exceeding fourteen years. She elucidated that this law violated her right to life, liberty and security of the person, section 7 of the Canadian...
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...Since its establishment in 1985, the Women’s Legal Education and Action Fund (LEAF) has been dedicated to advocating for the rights of the most marginalized groups. The inclusion of section 15 in the Canadian Charter of Rights and Freedoms (the Charter) allowed interest groups, like LEAF, to pursue Charter litigation “in an effort to influence the course of judicial policy development to achieve particular policy goals” (Manfredi, 2004,10). Interest group litigation has given LEAF another avenue to evoke change within the Supreme Court of Canada and society as a whole. LEAF has become one of the leading feminist equality rights interveners, working to ensure that section 15 rights are upheld to the fullest extent. Through their participation...
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...Discussion on Canadian Ethnic problems and multiculturalism Abstract: The history of Canada has gone through various events, some of which produced a nightmare for the country and from which the people as well as the leaders are still trying to awake, while making sure that such events do not take place ever again. In this essay I discuss the Canadian Ethnic problems and it's multiculturalism by mainly focus on two typical examples :the aboriginal people and the Chinese who have suffered injustice through out the history in different aspects such as politics and cultural. And later ,by looking at the current situations of the Canadian ethnicity in general and going over the past decisions that the government had made, I try to suggest the possible solutions. Introduction: As we all know, Canada is a country with large immigrants. Therefore , the history of Canada is largely the history of the meeting of different cultures. As its early settlers are mostly immigrants from Central and Western Europe, European culture is playing a dominant role in Canada's culture. Since the eightieth of the twentieth century, as the number of immigrants from different parts increased significantly, the new immigrants brought in their own culture with them as well. Thus, people are now feeling more of the tensions between those cultures and of prejudice felt among these groups toward one another. For this reason, how to deal with the relationship...
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...The Canadian State: Institutions and Structures The Constitution is very import in the context of the canadian state however it is not without controversy. As there has been many significant changes to fundamental rights Operational Institutions Westminster Style Parliamentary Government: derives from the british parliament in Britain meaning that we have an adversarial government. This can be expressed in the parliamentary structure of the house of commons (adversarial and conflict). High expectations of accountability in the formal legalities. The government must retain the confidence of the house (budget proposals) -legislative process: see above -party discipline: is linked to the idea of confidence, it operates through out the system. The general expectation is that members will vote along party lines. Pros: Accountability meaning that you know who is power and responsible for certain parts of the government, higher level of efficiency, fiscal and budgetary concerns, Cons: Can not always vote according to beliefs and values, inefficiency Federalism: Important driver of politics within Canada. To what extent are the types of different conflicts between the different levels of conflicts. Another reason why federalism exists is due in large part to the question of Quebec and the allocation of powers between french canada and the rest of the country. The Canadian State: Sovereignty 1867: Constitution Act, 1867 (BNA) 1926: The King-Byng Thing 1926: Nadan...
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...AN ESSAY WRITING ON SOLVING A WORKPLACE PROBLEM SUBMITTED AS PART OF THE CURRICULUM For THE LEGAL ENVIRONMENT (HRM 855) At SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY TORONTO, ONTARIO CANADA By OLAMIDE ESTHER OLASEHINDE 055-962-138 18TH NOVEMBER, 2013 4,970 Words In this case I will be examining and provide possible solutions to a workplace problem On this day “2nd of April 2012”, walking into my office as the human resources personnel of Statham (a private) Manufacturing Company that deals with consumable-livestock products ranging from fish, meat located at Markham Ontario, an employee by name “Adam Jones” came lodging a complain that he sees to be of disturbing concern to him. Adam Jones, a 45 years old man from a Christian background was hired on the 6th of January 1997 and has been working for the company for 15 years. He started as a low level plant worker but has received lots of appraisals and due to his good performance. The new manager Grey wood who prefers to be called Mr. Wood was appointed into the company on 2nd December 2011 as the senior manager replacing the former manager who left the company to head a newly established branch. Adam as he is generally referred to by other co-workers was promoted to the main production section of the company with the newly appointed senior manager named “Grey Wood” who seems to have shown disgust to Adam right from the first day he came in contact with him at the company and this was...
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