Canadian Express
Hafsah Memon 1982-1983
Prime Minister Pierre Trudeau
Canadian Charter Of Rights And Freedoms
April 17th, 1982
Our 15th Prime Minister, Pierre Trudeau, has done it again. He has secured another great advancement onto his growing list; The Canadian Charter of Rights and Freedoms. This one greatly advances Canadian Civil Rights and could possibly be seen as the single most significant milestone in human rights for 20th century Canada so far.
Due to its signing, human rights have now become an essential and permanent part of the Canadian identity. The Charter has closed the doors of discrimination and has recognized the fundamental rights of humanity. This Charter insures equality, justice, and protection of individual rights and freedoms from unfair laws and government power.
The change began after the second Wold War with the creation of the UN in 1945 after discrimination led to mass murder. The passing of the Universal Declaration of Human Rights in 1948 acknowledged that everyone was entitled to certain basic human rights.
Canada had first displayed its recognition for these human rights in the Canadian Bill of Rights which was not easy to enforce. This leads to now, in 1982, when Prime Minister Trudeau brought in The Canadian Charter of Rights and Freedoms to prevent unfair laws that separate mankind.
Evidence Or Not?
Tim Hortons shooting leads to 'Hot Pursuit'
December 16th 1982
On Tuesday December 14th, 1982 Haley Adams claims to have been a victim of unreasonable search following a shooting in a nearby Tim Hortons. She states that there is no solid evidence that ties her to the incident or would bring up enough suspicion to prompt a search.
The police, however, claim that they had been given notice of another shooting that was to take place the next day and were in search for any firearm in the nearby area. They state that only hours before the next shooting was to take place, they received an anonymous tip about Adams and her various firearms. Due to the lack of time, further inquiry could not be made and a search warrant could not be obtained. They searched Adams' apartment without her consent believing to be in hot pursuit.
Two firearms were found in her apartment, one with bullets matching the ones found at the scene.
Adams' lawyer, Donald Howfrey, believes that, "Whether or not the firearms prove to have been present at the scene, they cannot be used as evidence in court for they were obtained illegally and violate Ms. Adams' right against unreasonable search and seizure under section 8 in the Charter."
Adams comments, "An 'anonymous tip' should not be enough to go searching through my apartment without my permission."
The final ruling is yet to be heard.
Religious Freedom
15-year-old seeks divorce from parents
August 23rd, 1982
15 year old, Jared Anderson is applying for emancipation from his very religious Christian parents, Thomas and Lisa Anderson, as they continue denying him proper medical treatment.
Anderson was diagnosed with intraocular melanoma, a disease in which cancer cells form in the eye, a year before his parents decided he was not to get any medical treatment. They believed prayer was a sufficient supplement to any medication they could have provided him with.
Ms. Anderson comments, “According to section 2a of the Charter, we have a freedom of religion and if my religion says prayer is enough, then it is enough.” However, her son strongly disagrees claiming he knows it’s time to seek medical help.
Mr. and Mrs. Anderson’s lawyer, Catrina Palm states that he is too young to be making such decisions. She also claims that he would have nowhere to go without his parents and that emancipation is too drastic for the situation.
Anderson believes emancipation is the only way he will be able to make his own medical decisions as he is still only a minor. Knowing that emancipation is usually only granted to those above his own age he hopes the court takes his situation into consideration saying, “By sixteen I may not be alive or well enough to go through with this. I know I need more than just God’s help but I’ve not been given the option. I can’t just sit and wait for it to go away.”
Dr. Caleb Banks, Anderson’s local doctor, believes medical treatment is the best option for Jared’s survival. He claims that, “Jared should be allowed the right to make his own decision with this. His life is at stake so why should he have to be alright with his parents’ decision?”
Anderson’s lawyer, Steven Mills, argues that not granting the emancipation would violate section 7 of the Charter, Anderson’s right to life and security, by ultimately not allowing him to decide his treatment on his own.
The court date is scheduled for September 19th, 1982
Euthanasia
Author gets hate for opinion based book
March 4th, 1983
Author Cara Simmons received much hate and argument from concerned readers over her most recent novel about legalizing assisted suicide. During her first book signing she was verbally attacked by a few who were vehemently against her suggestions claiming she was implying that murder was okay.
One woman claimed that the book would only serve to corrupt their children’s minds stating that, “Books like this should not be sold where young children could possibly find them. Books like this should just not be written.”
Simmons, however, believed that these reactions were extreme and was shocked to see how negative some people were being, “It’s a book filled with opinions and arguments meant to put new ideas out there. Section 2 in the Charter gives me that right. I have full right to continue on with what I’m doing and I will, but all this negativity is discouraging.” Storeowners have refused to take down Simmons’ opinionated books claiming that books are meant for expression of personal beliefs and ideas.
Along with her many haters, came many supporters. Some were just as appalled as Simmons about the negativity.
Nicole Vaughn, 21, says, “Although I don’t support her case, it was still refreshing to read her compelling arguments on the matter. I don’t see what all the fuss is about. I’m glad she shared her ideas.”
Simmons commented, "Assisted suicide is a very personal matter to me and this is my way of reaching out."
Equality Rights
School formally apologizes after wrongfully removing girl from basketball team
May 19th, 1983
Range Grove Secondary School formally apologized to 11th grade Saima Hussain after she was wrongfully removed from the girls’ basketball team. Hussain had secured a spot on the team for three years and was publically known to be worthy of her spot. One of her teammates reported that, “She was one of the best on the team,” and that, “we were baffled when she was suddenly removed by our new coach.”
Hussain claims it was due to her headscarf and the clothes she wore underneath her basketball uniform that the new coach kicked her off the team. Her previous coach, she said, had understood her religious values whereas her new coach asked Hussain to take off ‘all the extra.’ When she refused and tried to explain, she was told her attire was not fit for the sport. It was also made clear, Hussain reports, that she would be removed were she to continue refusing her coach’s demand.
Hussain continued her story saying that she had, “never felt so angry or confused” knowing she belonged on the team.
Hussain and a few of her teammates confessed what was happening to the principal and was given a formal apology while also being reinstated into the team with the protection of her religious values. (Canadian Charter of Rights and Freedoms, s 15)
Works Cited
"Pierre Trudeau Biography." The Biography.com. A&E Networks Television. Web. 7 Oct. 2015. <http://www.biography.com/people/pierre-trudeau-9510956#biography>.
"The Canadian Charter of Rights and Freedoms." Human Rights In Canada. Web. 7 Oct. 2015. <http://www.chrc-ccdp.ca/en/timePortals/milestones/113mile.asp>.
Canadian Charter of Rights and Freedoms, s 8, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
Canadian Charter of Rights and Freedoms, s 2, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
Canadian Charter of Rights and Freedoms, s 7, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
Canadian Charter of Rights and Freedoms, s 15, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.