Infringement of the Canadian Charter - Free Essay Example

Sample details Pages: 5 Words: 1477 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? Case: R. V. Mann, 2004 SCC 52, [2004] 3 S.C.R. Don’t waste time! Our writers will create an original "Infringement of the Canadian Charter" essay for you Create order 59 In our country, everyone is protected under the law. The Canadian Charter of Rights and Freedoms guarantees certain political rights to citizens as well as civil rights of everyone who resides in Canada. However, in some cases where law enforcement or other government agencies carry out their duties, the civil rights of a person may be infringed. Section 24 of the Charter of rights and freedoms protects residents of Canada from being violated of their civil rights. Any evidences or arrests made while oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s civil right is infringed or denied, will be neglected in any court trials. An example of this is clearly shown in the case of Regina Vs Mann 2004. The breakdown of the case is as follows: On December 23, 2000, a police dispatcher notifies that a break and enter is in progress in a district near downtown Winnipeg, MB. Two police officers respond to this dispatch around midnight. The dispatcher informs the officers that the suspect is known to be à ¢Ã¢â€ š ¬Ã…“Zachary Parisienneà ¢Ã¢â€š ¬Ã‚  a 21 year old aboriginal male, five feet eight, 165 pounds and is wearing a black jacket with white sleeves. However, when the officers arrive near the scene, they find a person walking casually along the side walk who matched the description of the suspect. They identify the man to be Philip Mann, who agrees a pat down search of any concealed weapons. During the search, one of the officers feels that there is something in Philip Mannà ¢Ã¢â€š ¬Ã¢â€ž ¢s kangaroo pouch pocket in the front. The officer proceeded to reach into the pocket to find a plastic bag containing 27.55 grams of marijuana. In his other pockets were small plastic baggies and two valium pills. Philip Mann was arrested for the offence of possession of marijuana for the purpose of trafficking under Section 5(2) of the Controlled Drugs and substances Act. After the arrest, Mann appealed his case. The reason of the appeal was that the search on him was unlawful. His argument was that the police who have detained and searched him had no legal rights to search his body. According to the Charter of Rights and Freedom Section 9, everyone has the right not to be arbitrarily detained or imprisoned. In the case of Philip Mann, however, the detention was justified. A police officer may arrest or detain without warrant when they have reasonable grounds to believe that a person has committed an indictable offence According to section 495 of the Criminal Code. Prior to the detention of Mann, the police officers were provided with the description of the suspect for the break and entering and since Philip Mann matched the description of the suspect, police officers had a reasonable ground to stop and conduct an investigative detention. Everything was very clear and lawful until this point. Mann was compliant towards the officers and allowed a pat down search. Unlike the search procedure incident to arrest where police officers are authorized to search a person f or weapons, evidence and means of escape, a pat down search is only used as a protective measure; to remove any weapons that may harm the officers. Police officers are only authorized to roughly check if the detainee has a weapon, they cannot go through their pockets or belongings. Unless the officer who reached into Mannà ¢Ã¢â€š ¬Ã¢â€ž ¢s pocket had a reasonable ground that what he felt in Mannà ¢Ã¢â€š ¬Ã¢â€ž ¢s pocket during the pat down was a weapon, he must not search his pocket. For example, a police officer detains a suspect that matches the description for an armed robbery suspect. The officer may perform a pat down check on the suspect to ensure the safety of themselves as well as people around them. However, unless the officer can identify that some object that the suspect has underneath their clothing is a weapon, they may ask what it is but not reach into the suspectà ¢Ã¢â€š ¬Ã¢â€ž ¢s clothing and grab it out as the search is not the result of an arrest. During t he appeal of this case, the Court found that the detention was on reasonable grounds. The two officers had reasonable grounds via suspect description that matched Mann. However, the judge confirmed that the search went beyond of a minor security pat down and thus causing a serious breach on Mannà ¢Ã¢â€š ¬Ã¢â€ž ¢s civil rights against unreasonable search. When the officer reached into Mannà ¢Ã¢â€š ¬Ã¢â€ž ¢s pocket, at that moment the focus of the search changed from a security search to evidence search in which the officers lacked reasonable ground on. This completely violated section 8 of the Canadian Charter of Rights and freedoms. The Court added that even if the officer acted in good faith, it cannot be claimed if there is a violation of the Charter. As mentioned above, if the right of an individual is infringed in any way during an arrest or a detainment (section 24 Charter of rights), any evidence that are found must be neglected on trial. In other words, the 27 grams of mari juana and other pills found cannot be used against Mann, rendering the charge of possession for the purpose of trafficking useless. In my opinion, the police officers who has responded to the dispatch of a break and enter should have responded differently. It is very true that Mann matched the initial description of the suspect of the dispatch; however, the dispatcher gave the name and age of the real suspect in the first place. Upon establishing identity with Mann, the police officers should have realized that Mann was not the person they were looking for. The officers should have warned Mann of the incident and allowed him to leave. Upon reading about this case law, I asked myself what would I have done if I was the arresting officer to avoid the arguments this case brought up? Well, I am very strict when it comes to rules especially when it comes to our civil rights. As an officer, I would first establish the identity of the suspect. When the identity is established, I woul d ask the following questions to myself. What is my authority on detaining this person? à ¢Ã¢â€š ¬Ã¢â‚¬Å" I have reasonable grounds to believe this is the suspect of a Break and enter as he matches the description of the suspect although name is not the same. What is my search authority of this person? à ¢Ã¢â€š ¬Ã¢â‚¬Å" Since I have detained this suspect, I have the authority to pat him down for the safety of myself and my partner. I found a soft object in the suspectà ¢Ã¢â€š ¬Ã¢â€ž ¢s pocket. à ¢Ã¢â€š ¬Ã¢â‚¬Å" This suspect is not under arrest. I may not collect evidence through going into his pocket meaning I do not have authority to search. Ask what is in the pocket à ¢Ã¢â€š ¬Ã¢â‚¬Å" Suspect says marijuana, then great I have reasonable grounds to search and arrest. If he says none of your business, then I would simply back off, knowing that I do not have the authority to search. Thank you for your time, walk away, proceed with the pervious dispatch and attend the site of break in. This way, I can completely avoid the argument raised in the case. However, this was for the price of letting go of a potential drug dealer. But, I believe that the police officers got distracted by this minor possession offence (I say minor since I think an ounce of marijuana is not very big in quantity) that they completely neglected the break and enter offence. At the time of the arrest of Mann, the real suspect for the break and enter may have caused serious harm in property or even to another person. The reason why I have choose this topic of Charter of rights and freedoms infringement is because there are many unreasonable search and arrest that are made by our police services and I wanted to learn more about them. Many people with little education do not know their rights when stopped by an officer which can be easily taken advantage of. As the defender of our law, police officers must dedicate themselves in being familiar with their authorities for arrest and search. Furt hermore, as aspiring police officers ourselves, we must also know these authorities in order to be credible servants of the law. Through this assignment, I was able to look in-depth of the search authorities of a police officer. This allowed me a greater understanding of the procedures to take during an arrest through the use of a case law. References Greenspan, E., Martin, J. C. (2014). Martins annual criminal code. S.l.: Canada Law Book Ltd.. Lafreniere, G. (n.d.). Police powers and Drug related offences. Parliament of Canada. Retrieved March 02, 2015, from https://www.parl.gc.ca/content/sen/committee/371/ille/library/powers-e.htm#A. Powers to Conduct Searches R. V. Mann, 2004 SCC 52, [2004] 3 S.C.R. 59 Sharpe, R. J., Roach, K. (2002). The Charter of Rights and Freedoms (2nd ed.). Toronto: Irwin Law.

Companion Dogs, Making a Difference - 1108 Words

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During The 1970s, Health Concerns About The Herbicides Brought About G Essay Example For Students

During The 1970s, Health Concerns About The Herbicides Brought About G Essay overnment restrictions that caused a sharp decrease in the manufacture and use of 2,4,5-T. Since 1983, the use of 2,4,5-T has been prohibited in the United States. Many other countries also have ended its use. Of additional concern is a contaminant called dioxin (2,3,7,8,-tetrachlorodibenzo-p-dioxin, or TCDD), which often forms when 2,4,5-t is manufactured. Of the approximately 75 chemicals in the dioxin family, TCDD is the most toxic. It can cause chlorance, a skin disease, and is suspected to cause some kinds of cancer. The TCDD level in agent orange varied from 0.02 to 54 micrograms per gram of 2,4,5-T. (Cancer 1996)Agent Orange was purchases by the Defense Department to defoliate enemy territory and destroy enemy crops in Vietnam. It was a 50-50 mixture of herbicides 2,4-D and 2,4,5-T. All of the 2,4,5-T contained dioxin because all of it was made for trichlorophenol cannot be produced without some dioxin being carried along as a by-product.(Gough 1986)There are three occupational groups of people, who may be at risk in exposure to Agent Orange. Who work in manufacturing trichclorophenol can be expressed to dioxin through ?explosions? or ?runaway reactions? or ?events.? When an explosions occurs, the chemicals in the reaction vessels are forced into the workrooms, exposing everyone to fumes, liquids and solid particles containing dioxin. ?Formulators? are workers whose job it is to mix pesticides with other chemicals to make the pesticide easier to apply or ?Stickier? so that it will work better. Agent Orange formulators mixed 2,4,5-T containing dioxin with the other closely related herbicide 2,4-D. The last occupational group to risk exposure to dioxin are ?applicators? who spray to otherwise disseminate Agent Orange, 2,4,5-T or other dioxin contaminated pesticides in the environment. In this country, applicators sprayed 2,4,5-T in forests, croplands, and pastures to control broad-leaf plants. The most famous applicators in history are pilots, air crews, and ground crews of the Air Forces ?Operation Rich Hand? who sprayed millions of pounds of Agent Orange in Vietnam.(Gough 1986)People can also be environmentally exposed to dioxin. Anyone who is near an area sprayed with 2,4,5-T or Agent Orange, risks exposure to dioxin. Environmentally exposed persons received large doses of dioxin. A large but unknown fraction of the 2.8 million Vietnam veterans were exposed to Agent Orange, and considering the amounts of 2,4,5-T used in this country, other thousands or millions have to be exposed here. (Gough 1986)Some environmental exposures are more risky than incidental exposure to sprayings. When trichlorophenol is produced, ?still bottoms,? thick viscous dioxin containing materials, accumulate in the reaction vessels. Periodic cleaning out of still bottoms exposes workers to high concentration of dioxin. In addition, still bottoms themselves present a disposal problem.(Gough 1986)High-temperature incineration of still bottoms or any other waste can completely destroy dioxin, eliminating any risk, but other disposal techniques leave substantial exposure risks. Before society became aware that chemical waste posed potential threats to human health, it was an accepted practice to discard chemical residues, including still bottoms, in waste dumps. Neither the safe disposal method, incineration, nor the unsafe one, dumping, generates any revenue for the company that has still bottoms to dispose of, on the contrary, both cost money. (Gough 1986)An alternative to a manufacturer directly disposing of its wastes was to pay other businesses to haul them off and dispose of them. Sinclair Lewis said of all the Chicago stockyards that they sell everything of the pig but the squeal, and business has to look for sealable items and services. With entrepreneurial spirit, some haulers found a market for still bottoms, which are dense and oily. .ucfa7131208fefeff27650cc7e898b112 , .ucfa7131208fefeff27650cc7e898b112 .postImageUrl , .ucfa7131208fefeff27650cc7e898b112 .centered-text-area { min-height: 80px; position: relative; } .ucfa7131208fefeff27650cc7e898b112 , .ucfa7131208fefeff27650cc7e898b112:hover , .ucfa7131208fefeff27650cc7e898b112:visited , .ucfa7131208fefeff27650cc7e898b112:active { border:0!important; } .ucfa7131208fefeff27650cc7e898b112 .clearfix:after { content: ""; display: table; clear: both; } .ucfa7131208fefeff27650cc7e898b112 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ucfa7131208fefeff27650cc7e898b112:active , .ucfa7131208fefeff27650cc7e898b112:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ucfa7131208fefeff27650cc7e898b112 .centered-text-area { width: 100%; position: relative ; } .ucfa7131208fefeff27650cc7e898b112 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ucfa7131208fefeff27650cc7e898b112 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ucfa7131208fefeff27650cc7e898b112 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ucfa7131208fefeff27650cc7e898b112:hover .ctaButton { background-color: #34495E!important; } .ucfa7131208fefeff27650cc7e898b112 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ucfa7131208fefeff27650cc7e898b112 .ucfa7131208fefeff27650cc7e898b112-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ucfa7131208fefeff27650cc7e898b112:after { content: ""; display: block; clear: both; } READ: Windows 3.0 Essay When mixed with other oily materials, still bottoms were sold and sprayed on dirt roads and the unpaved, ungrassed areas to suppress dust. This inventive manufacture for still bottoms introduced untold amounts of dioxin into the environment. (Gough 1986)The environmental Protection Agency (EPA) estimates that 80-90% of all dioxin ever made in chemical plants ended up in still bottoms. The EPA refuses to estimate the amount of dioxin that was made by manufacturers and provides no information about how much dioxin was in still bottoms or how much of the still bottoms was disposed of by incineration or dumping or used in dust suppression. We do know, however, that still bottoms have wrought havoc. To eliminate exposure to dioxin, the federal government bought Times Beach, Missouri, because the chemical had been sprayed on roads throughout the town as part of a dust suppression program. The Canadian government estimates that over 100 pounds of dioxin lie buried in the Love Canal and more that two tons in Hyde Park Dump near Niagara Falls, New York. No one can deny that these are huge amounts; they can be compared to the total of 368 pounds of dioxin sprayed in Vietnam over a six year period. Unfortunately, we cannot estimate the magnitude of the remaining dioxin waste problem, because there is no record of the amounts of dioxin sprayed for dust suppression or buried in every dump. (Gough 1986)Three problems plague efforts to understand dioxins risk for humans: uncertainty about what dioxin does to human health, uncertainty about who was exposed to dioxin, uncertainty about how much of it anyone was exposed to. Were a person to be standing under an airplane, or beside a truck spraying 2,4,5-T or Agent Orange, he or she would certainly be exposed. Since sunlight degrades dioxin, a person walking through a field the day after it was sprayed, would not be in a substantial risk. (Gough 1986)Farmers, forestry workers, and Vietnam veterans exposed to chlorophenoxy herbicides have been studied to see whether they had a higher incidence of cancer than would be expected. The results of these studies have been conflicting and inconclusive. In 1984, Congress mandated that studies be conducted to determine whether service in Vietnam could be related to adverse health effects. In one study, focused specifically on the health effects f exposure to Agent Orange in Vietnam; and a third study looked at the increased risk, if any, the Vietnam veterans would develop any six specific kinds of cancer. In March 1990, the Centers for Disease Control and Prevention (CDC) released the results of the last of its studies. The investigators reported a 50-percent higher incidence of non-Hodgkins lymphoma (NHL), a cancer of the immune system among the Vietnam veterans than among veterans who did not serve in Vietnam. However, the studies could not show that this increased incidence is related to exposure to Agent Orange. Navy veterans who served on vessels off the coast of Vietnam tended to have a higher rate of NHL than did veterans based on land, and veterans who served in other regions of Heaviest Agent Orange use tended to have a somewhat lower incidence than veterans had an increased incidence than veterans who served in other regions of Vietnam. The CDC could not determine why the Navy veterans had an increased incidence of NHL. No increased incidence was found for the other five cancers in the study( soft tissue and other sarcomas, Hodgkins disease, and nasal, nasopharyngeal, and liver cancers.

Spiderwebs Essay Research Paper SpiderwebsA spider becomes free essay sample

Spiderwebs Essay, Research Paper Spiderwebs A spider becomes caught in it? s ain web. This is an illustration of an attempted use that went amiss. Hedda Gabler, by Henrik Ibsen, is a work about a adult female who manipulates the destinies of others in order to carry through her ain wants. The rubric character is a adult female who has late returned from a six month? honeymoon? with her groom, Tesman, a adult male whom she does non love. She strives for freedom, but she feels as if she can non go forth her matrimony. To busy her clip, she manipulates the lives of everyone around her. Hedda kills herself after going engorged in her ain uses. Through the usage of subject, scene, and then-current personal businesss, the drama produces a work that unambiguously portrays the beginnings of the motives of this manipulative adult female. Whether it be the combustion of her former love? s manuscript or providing him with the handgun to hit himself, Hedda? s indignity shows the ability of adult male to hold entire neglect for the life of another. We will write a custom essay sample on Spiderwebs Essay Research Paper SpiderwebsA spider becomes or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Hedda in cold blood manipulates the lives of everyone around her. Through these exploitative actions, she ruins the lives of all of her co-workers. Because she is non happy in her matrimony, she attempts to prohibit anyone else to populate a content life. For illustration, after she persuades Eljert L # 246 ; vborg to devour intoxicant, he ruins his repute and loses something that is most cherished to him: the manuscript of a book that he had been composing with Mrs. Elvsted. Although Hedda realizes the importance of this manuscript to both L # 246 ; vborg and Mrs. Elvsted, she lights it on fire and it burns. Because L # 246 ; vborg and Mrs. Elvsted have put their psyche into this manuscript, Hedda metaphorically relates her action to firing their kid. This cold inconsideration demonstrates Hedda? s neglect for the life of a fellow human being. Hedda? s actions finally lead to her death. After giving L # 246 ; vborg her handgun and stating that he must kill himself, Hedda? s cruel purposes are eventually revealed. Judge Brack learns of her traffics and, therefore, additions an chance to take advantage of this state of affairs. When Hedda realizes that she will ever be at the clemency of Judge Brack, she does the merely thing she can make to get away this state of affairs ; she shoots herself. Throughout her uses, Hedda maintains a fa # 231 ; fruit drink of artlessness. Her truly hateful nature, though, is displayed through her actions that relate this subject of adult male? s inhumaneness to adult male. One may be able to find Thursday vitamin E cause for Hedda? s desire to pull strings when the scene is examined. The whole of the drama occurs indoors. Therefore, Hedda is invariably submerged in a topographic point in which she is unhappy. Because her hubby Tesman is invariably occupied with other occurrences, Hedda is left in a scene that lends itself to programs of use. Hedda? s true dreams and aspirations are those of freedom and independency. Her scene nevertheless, is an opposite to her favour. While Hedda maintains a desire to be free to make as she pleases, her state of affairs is one in which she is confined in her place. Because she invariably remains in this humdrum scene, she occupies her clip with intriguing against everyone around her. This is possibly the principal cause for Hedda? s uses. In add-on to the scene, the clip period in which Hedda Gabler was written is key to the background of Hedda? s uses. The late 19th century was a clip for alteration for the adult females of the universe. The adult females? s right to vote motion brought Forth the construct of the importance adult female? s rights. I am certain many would see this drama as being a womens rightist drama, Hedda Gabler investigates the effects of inordinate feminism. Hedda Gabler is portrayed as an highly strong-minded adult female. During the times in which this drama is set, legion adult females? s rights and right to vote motions were happening across the universe. It can be seen that Hedda? s reasonably aggressive attitude is feature of the clip period. To Hedda, it is absurd that she would hold to be under the power of a adult male. At this clip adult females across the universe were following new thoughts on their topographic point in society. The ambiance of the epoch provides an account of the beginning of Hedda? s uses. The three facets that explain Hedda? s motives for use shed much visible radiation on Hedda? s overall desire for use. Truthfully, Hedda desires to pull strings the lives of others because she can non pull strings her ain life. She does non desire to remain in her matrimony, but she lacks the bravery to acquire out of it. Because of the times and her state of affairs, she feels that she can non go forth her hubby. It seems as if these uses are a ill signifier of amusement for Hedda. One could see this drama as a strictly feminist work or as the narrative of a adult female who has no respect for human life. In either manner in which it is regarded, Ibsen realistically portrays the motives of Hedda Gabler through his usage of subject, scene, and current events.