Canadian Constitution
The constitution is the basic system of laws of a country, which defines and limits the powers of the ruling body. The Canadian constitution is a written document, which states the rules that construe and interpret the powers of federal and provincial governments, and authenticate the responsibilities and rights of the Canadian citizens. Among these laws are section 7, 11, 12 which set out rights that protect us in our dealings with the justice system. These specific sections ensure that individuals who are involved in legal proceedings are treated fairly and equally. In three specific cases, the funedamental rights, entrenched in the charter, challenged legislation. In the case of R. v. Morgentaler abortion laws were struck down because they violated the liberty and security of the women. Section 11(b) was used to rightfully dismiss the case of R. v. Askov because the trial was unreasonably delayed. The accused in the case of R. v. Smith was given an excessively cruel punishment, which is inconsistent with section 12 of the charter. Section 7 of the constitution states that everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in the accordance with the pr
Morgentaler, a case that Supreme Court of Canada considered in 1988. Section 12 governs the quality of the punishment and is concerned with the effect the punishment will have on the accused. All documents that make up the constitution of Canada are written in the best interest of Canadians and allow us to live in a free and democratic society. The right to security of a person protects both the physical and psychological integrity of the individual. Witness memories fade with time, no longer accurate with their portrayals of what occurred. It is a decision that will have, if she chooses not to terminate, deep social emotional and economic consequences on her life. An accused can't continue on with their life when a trial is still pending. An accused has already suffered emotionally, economically and socially as a result of the trial and therefore shouldn't be subject to delays that they aren't accountable for. Smith, section 12 was used to challenge the Narcotics Control Act that requires a minimum sentence of seven years. The personal characteristics of the offender and the personal circumstances of the case are not looked at when implementing the Narcotics Control Act. Section 12:Section 12 states that everyone has the right not to be subjected to any cruel and unusual treatment or punishment. The law, under section 251 of the criminal code, required all abortions to be approved by a hospital therapeutic abortion committee. The Supreme Court of Canada sided with the defendant and struck down Canada's restrictive abortion law as unconstitutional. Section 7 has had direct impact on R. This means that someone who travels to Canada with no previous criminal record and is caught importing an extremely small amount of marijuana for personal use would be given the minimum sentence of seven years.
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