Unit 2 – Rights and Unit 2 – Rights and FreedomsFreedoms

The Rule of LawThe Rule of Law

AgendaAgenda

1. The Rule of Law1. The Rule of Law 2. Hwk. R. v. Sauls, [2002] B.C.J. No. 2. Hwk. R. v. Sauls, [2002] B.C.J. No.

3083 BCPC, p.30-33 McGraw Hill 3083 BCPC, p.30-33 McGraw Hill Ryerson CCLS (Classnet) do ?’s KU Ryerson CCLS (Classnet) do ?’s KU #1 & T #2 (relating to R. v. Gladue)#1 & T #2 (relating to R. v. Gladue)

Learning Goal for TodayLearning Goal for Today

By the end of the lesson, students By the end of the lesson, students will be able to analyze how rights will be able to analyze how rights and freedoms are protected under and freedoms are protected under the Charter of Rights and Freedomsthe Charter of Rights and Freedoms

ExpectationsExpectations

CGE3f – examines, evaluates and CGE3f – examines, evaluates and applies knowledge of interdependent applies knowledge of interdependent systems (physical, political, ethical, systems (physical, political, ethical, socio-economic and ecological) for socio-economic and ecological) for the development of a just and the development of a just and compassionate societycompassionate society

Analyze how rights and freedoms are Analyze how rights and freedoms are protected under the Charter of Rights protected under the Charter of Rights and Freedomsand Freedoms

Mosaic Representing the Judicial and Mosaic Representing the Judicial and Legislative Aspects of LawLegislative Aspects of Law

The woman on the throne holds a sword to chastise the guilty and a palm branch to reward the meritorious. Glory surrounds her head, and the aegis of Minerva signifies the armor of righteousness and wisdom

Rule of Law in 2011Rule of Law in 2011

Rule of Law in 2011Rule of Law in 2011

The World Justice Project, an The World Justice Project, an independent, non-profit organization, independent, non-profit organization, develops communities of opportunity develops communities of opportunity and equity by advancing the rule of and equity by advancing the rule of law worldwide.law worldwide.

Rule of Law in 2011Rule of Law in 2011 Founded by Founded by William H. Neukom in 2006  in 2006

as a presidential initiative of the as a presidential initiative of the American Bar Association (ABA), and American Bar Association (ABA), and with the initial support of 21 other with the initial support of 21 other strategic partners, The World Justice strategic partners, The World Justice Project transitioned into an Project transitioned into an independent 501(c)(3) non-profit independent 501(c)(3) non-profit organization in 2010. Its offices are organization in 2010. Its offices are located in Washington, DC, and Seattle, located in Washington, DC, and Seattle, WA USA.WA USA.

Rule of Law in 2011Rule of Law in 2011

Rule of Law in 2011Rule of Law in 2011

Rule of Law in 2011Rule of Law in 2011

Rule of Law in 2011Rule of Law in 2011

Canada Canada is among the top ten countries is among the top ten countries in the world in four categories of the in the world in four categories of the rule of law: limited government powers, rule of law: limited government powers, order and security, open government, order and security, open government, and effective criminal justice. and effective criminal justice. Corruption is minimal and the country Corruption is minimal and the country generally observes fundamental rights. generally observes fundamental rights.

(p.23 2011 The World Justice Project (p.23 2011 The World Justice Project Report)Report)

Rule of Law in 2011Rule of Law in 2011

However, discrimination against However, discrimination against immigrants and the poor remains a immigrants and the poor remains a source of concern (ranking 30th). source of concern (ranking 30th). Canada’s lowest scores are in the Canada’s lowest scores are in the area of access to civil justice — where area of access to civil justice — where it ranks 16th out of the 23 high it ranks 16th out of the 23 high income countries indexed this year.income countries indexed this year.

(p.23 2011 The World Justice Project (p.23 2011 The World Justice Project Report)Report)

Rule of Law in 2011Rule of Law in 2011

This can be partially explained by This can be partially explained by shortcomings in the affordability of shortcomings in the affordability of legal advice and representation, and legal advice and representation, and the lengthy duration of civil cases.the lengthy duration of civil cases.

(p.23 2011 The World Justice Project (p.23 2011 The World Justice Project Report)Report)

http://worldjusticeproject.org/http://worldjusticeproject.org/country/canadacountry/canada

Rule of Law – First Rule of Law – First Constitutional PrincipleConstitutional Principle

Supremacy, or legal sovereignty of Supremacy, or legal sovereignty of the central government over the the central government over the whole countrywhole country

Rule of Law – Second Rule of Law – Second Constitutional PrincipleConstitutional Principle

Neither the individual nor the Neither the individual nor the government is above the law (law is government is above the law (law is king, not king is law)king, not king is law)

Rule of LawRule of Law

Combination of positive and natural lawCombination of positive and natural law

Positive Law: Builds its legitimacy upon Positive Law: Builds its legitimacy upon the supremacy of the rule of lawthe supremacy of the rule of law Necessity of law: better to be governed by Necessity of law: better to be governed by

a system of laws than be governed by the a system of laws than be governed by the discretion of a ruler or dictator, no matter discretion of a ruler or dictator, no matter how benign or informedhow benign or informed

Need obedience to the lawNeed obedience to the law

Rule of LawRule of Law

Natural Law:Natural Law: In formulating rules of law, one must In formulating rules of law, one must

also consider the quality of the law also consider the quality of the law which must satisfy a minimum standard which must satisfy a minimum standard of justiceof justice

Rule of LawRule of Law

Included under this one expression Included under this one expression (Rule of Law) are (Rule of Law) are threethree distinct, distinct, though related, concepts:though related, concepts:

Rule of LawRule of Law

(1) Absolute predominance and (1) Absolute predominance and supremacy of the law as opposed to supremacy of the law as opposed to arbitrary and discretionary use of arbitrary and discretionary use of authority on the part of government authority on the part of government authoritiesauthorities

Translation: Laws can’t be applied Translation: Laws can’t be applied arbitrarilyarbitrarily

Rule of LawRule of Law

(2) All individuals shall be treated (2) All individuals shall be treated equally before and under the equally before and under the ordinary law of the land. ordinary law of the land. Consequently, no individual, Consequently, no individual, regardless of position or status, is regardless of position or status, is above obedience to the lawabove obedience to the law

Translation: Laws apply equally to allTranslation: Laws apply equally to all

Rule of LawRule of Law

(3) Rules forming part of the (3) Rules forming part of the constitutional code reflect a society’s constitutional code reflect a society’s beliefs and values. These rules beliefs and values. These rules represent the rights of citizens as represent the rights of citizens as enforced and interpreted in a court of enforced and interpreted in a court of law.law.

Translation: Everyone/society agrees Translation: Everyone/society agrees we need lawswe need laws

Rule of LawRule of Law

Professor Selznick taught that the Professor Selznick taught that the quality of a country’s laws can be quality of a country’s laws can be judged by whether an independent judged by whether an independent body, or branch of government exists body, or branch of government exists that can challenge, review and limit that can challenge, review and limit the laws made by a ruling powerthe laws made by a ruling power

In Canada, the Supreme Court of In Canada, the Supreme Court of Canada fulfills this role Canada fulfills this role

Rule of LawRule of Law

Read: Case A GROSS ABUSE OF Read: Case A GROSS ABUSE OF LEGAL POWER Roncarelli v. LEGAL POWER Roncarelli v. Duplessis, [1959] SCR 121, page 89Duplessis, [1959] SCR 121, page 89

READ AND DO ?’SREAD AND DO ?’S CLASS DISCUSSION in 10 minutesCLASS DISCUSSION in 10 minutes

ComicComic

Another ComicAnother Comic