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NYBUNYV_NUZRQ98

Business Finance

AP/POLS1200 A

York University

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  1. What is the rule of law? How was it applied in Roncarelli v Duplessis (SCC 1959)? Do you agree with the outcome and why?
  2. A town in Ontario recently passed a by-law prohibiting street musicians from playing music within 50 metres of all local businesses. The street musicians challenged the by-law in court arguing that it was unconstitutional.

    You are the judge in this dispute. You agree that the freedom of expression rights of the musicians have been infringed under section 2(b) of the Canadian Charter of Rights and Freedoms. Write your judgment as to whether the by-law can be upheld as a reasonable limit under section 1 of the Charter.

    Section 1 of the Charter provides: 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
  3. Critically assess Peter Russell’s article entitled “The Politics of Law.” What are his major arguments? What are the strengths and weaknesses of the article?
  4. It can be argued that the wording of the Canadian Charter of Rights and Freedoms is broad and should be applied in ways that adapt and grow with society. Explain and critically assess the significance of this argument in relation to Section 7 of the Charter in the context of prostitution and/or euthanasia.
  5. Section 8 states that “everyone has the right to be secure against unreasonable search and seizure”. Define and explain what “reasonable expectation of privacy” means in the context of Section 8 of the Charter. How have the Courts come to define what a reasonable expectation of privacy is? Use case examples to demonstrate your point.
  6. What is Section 24(2) of the Charter? How has this Section been defined in common law? What are its strengths? What are its weaknesses?

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Explanation & Answer

Attached.

Running head: DISCUSSION QUESTIONS

Discussion Questions
Student Name
Course/Number
Due Date
Faculty Name

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DISCUSSION QUESTIONS

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1. Rule of Law
The Rule of law alludes to a guideline of governance in which all people, organizations
and, public and private entities, including the State itself, are responsible to, laws that are freely
propagated, equally upheld, and autonomously mediated, and which are steady with universal
human rights standards and gauges (Faragher, 2015). It requires, too, measures to guarantee
adherence to the standards of the supremacy of law, correspondence under the watchful eye of
the law, responsibility to the law, decency in the use of the law, separation of powers,
cooperation in primary leadership, legitimate conviction, evasion of mediation and procedural
and lawful straightforwardness.
The rule of law is such a central rule of our legal framework that it is revered in the
Preamble to the Canadian Charter of Rights and Freedoms. It is a unique idea, not adequately
characterized. It implies that "we are represented by laws, not by individuals," that we are for the
most part similarly subject to the law regardless of our riches and political influence.
Subsequently, government activities must not be self-assertive, but rather should be established
in law (Faragher, 2015). Each law has a reason, and that reason must connect it, and not
accomplish incidental goals, for example, rebuffing government and political rivals. Each open
authority may act under the power of explicit law.
The rule of law was applied in Roncarelli v Duplessis (SCC 1959) by arguing that there
is no such thing as great tact or power in broad public authorities, including the Premier. Chief
Duplessis was requested to personally pay Frank Roncarelli a sum of $46,132 for harms and
court costs. This was after Premier denied Roncarelli his restaurant's alcohol permit and
proclaimed that no further alcohol permit could ever be conceded to him. This decision was
probably to rebuff Roncarelli and to shorten his financial capacity to help individuals accused of

DISCUSSION QUESTIONS
offenses. I agree with the outcome of the case because Roncarelli was guilty of financing the
surety bails of the Jehovah witness followers who caused unrest in the area.

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DISCUSSION QUESTIONS

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2. Freedom of Musical Expression
Artistic freedom is the degree of freedom of an artist to deliver art to his or her
knowledge. The degree can go amiss to traditions in a specific school of art, mandates of the
assigner, and so forth (Cromwell & Gélinas-Faucher, 2018). Segment 2 of the Canadian Charter
of Rights and Freedoms ("Charter") is the Segment of the Constitution of Canada that rundowns
what the Charter calls "basic opportunities" hypothetically applying t...


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