Hate Speech and Freedom of Expression in Canada and the United States. Congress shall make no law... abridging the freedom of expression. First Amendment to the United States Constitution Everyone has the following fundamental freedoms: (b) freedom of thought, belief, opinion and expression... s. 2(b) of the Canadian Charter of Rights and Freedoms Canada and the United States are not alike in every way, nor have the documents entrenching rights in our two countries arisen in the same context. It is only common sense to recognize that, just as similarities will justify borrowing from the American experience, differences may require that Canada's constitutional vision depart from that endorsed in the United States. C.J.
Secondly, The Balfour Report allowed Canada to receive autonomy and gave Canada equal status with Britain for creating laws. (Cranny p.55/56) This was one of the biggest steps for Canada to become more self-sufficient. It makes more sense that the elected members would be in charge of running the country. After all, the citizens did not vote for British representatives to set the laws. It would have
Since the Criminal Code is a strictly federal jurisdiction to limit its control would deter its ability to govern as a whole. The Controlled Drugs and Substance Act was put in place for the protection of society and human health. It would be detrimental to take away from its crucial role in protecting Canadian Citizens. “The doctrine of interjurisdictional immunity has been applied to circumscribed areas of activity referred to in the cases as undertakings...It has never been applied to a broad and amorphous area of jurisdiction.” It is recognized that applying the doctrine of Interjurisdictional immunity would be unpresident and would open debate of the withstand ability of the Controlled Drug and Substance Act in future cases. In addition “the doctrine is in tension with the emergent practice of cooperative federalism” .
In 1978, the federal government amended Canada’s Immigration Act, removing a ban on homosexuals as immigrants. In 1982, the Canadian Charter of Rights and Freedoms was added to the Constitution. The Charter did not explicitly grant equality rights to gays and lesbians. However, in 1995 the Supreme Court of Canada ruled, in Egan v. Canada, that the Charter would be interpreted in a manner that prohibited discrimination on the basis of “sexual
The Bible could be interpreted in a way which supported the dissolution of the monasteries and the royal supremacy, representing a clear transition of religious power to Henry and the monarchy from the papacy. It is clear that Cromwell laid the foundations of a nation state. By nullifying the function of the pope and the monasteries which served him, Cromwell ensured that the laity was subject to no foreign influence. Furthermore, the transfer of this influence to Henry meant that the beginnings of a Crown-controlled Church, national rather than international in ideologies, were created by
Between 1528 and 1533 he experienced “sudden conversion” and grasped Protestantism. He described his experience as: “God subdued my soul to docility by a sudden conversion”. In 1536, his fist edition of his book entitled “Institutes of the Christian Religion” was published. It was in this book that he put his ideas about what people should believe when searching for answers about religion. This belief system was called Calvinism.
The Supreme court decision included, “ Congress was deprived of all legislative power over mere opinion, but was left free to reach actions which were in violation of social duties or subversive of good order.” Ultimately, this case highlighted the power of the Supreme Court to deviate from the free exercise clause in cases of religious acts that are socially unacceptable or justifies multiple marriages ( Reynolds vs. United States). Lastly, political institutions that limit the impact of Supreme Court decisions include the fact that Constitutional Amendments can be passed at any time to overturn the decision of the Supreme court. This specific power is safeguarded under the Supremacy clause, which designates the Constitution as the “supreme law of the land,” and a doctrine that can be utilized in times of conflict in the law. Lastly, appellate jurisdiction limits Supreme Court decisions, as the Supreme court has the jurisdiction to hear cases from lower courts and change the outcomes of those decisions if
Luka Rousseau 09/11/2010 Case R.B. v. CHASM To the knowledge of the parents, considering the Charter they had the right to refuse the blood transfusion. Stated in the Charter, section - (legal right) #2 a. states that one is allowed to freedom of conscience and religion as well as section - (legal right) #2 b. freedom of thought, belief, opinion and expression. When the blood transfusion was made those two basic rights were violated. The two parents are Jehovah’s Witnesses and in their religion states that you shall not have blood of another.
The 'Doctrine of Papal Infallibility' stated the pope ( in 1870 it was Pope Pius IX) was not to be wrong on matters of morality and faith and could never be challenged. This lead to the introduction of the 'Pulpit Paragraph' in November 1871 which forbade pastors to voice their political opinions to their disciples. After the passage of the 'Pulpit Paragraph' Bismarck's anti-Catholic campaign went ahead, and laws followed that were passed to hurt the Catholic Church in Prussia. In 1872 -1873 the Falk Laws was set in place, religious teachers were banned from schools; inspections had to made to ensure that Church teachings were kept to a minimal, the state was allowed to veto unsuitable ecclesiastical (church) appointments, civil marriages were made compulsory causing all sorts of backlash that eventually , and the Jesuits (Society of Jesus) was Banned in Germany and was remained banned for the duration of the Empire. In 1875 the a 'Bread Basket' law was past
Period of Data Gathering | Research Method (s) | Research Sites(s) | Research Participants/Data Source | Research Objectives | Results per Objective | General Remarks of Reviewer | (unspecified) | Structured questionnaire were sent to the whole population of 455 Roman Catholic Seminarians | Canada | 154 seminarians across all regions in Canada | * Explore the levels of emotional closeness and/or distance with their fathers and mothers, measured in terms of intimacy and intimidation, achieved by male Catholic Seminarians in Canada | * Significant difference were found on intimacy with father scale between seminarians who identified their sexual orientation as homosexual and heterosexual * No significant differences were found on the intimacy with mother scale * No significant difference were found on both intimidation scale | “Weak Father” theory – parental psychopathology was the cause of homosexuality (Bieber et.al, 1962); distant or hostile fatherHomosexuality may be the result of disturbances in the preoedipal phase and therefore a reflection of developmental arrest (Socarides, 1978, 1990)Nicolosi (1991) concluded that there is support for the concept that the primary dynamic behind male homosexual desire is the failure of the father-son relationship, stating that homosexuals are more likely than heterosexual to have had distant, hostile, or rejecting childhood relationship with fathers or father figures. A man is looking for emotional connectedness with his father through homosexual behaviorAlexander adds that it may not be so much that gay men’s early relationship[s] with their fathers were unfulfilling, but rather that the relationship they have always