Question
1. In DICKSON V. VUNTUT GWITCHIN FIRST NATION, 2020 YKSC 22JUNE 8, 2020, the appellant, Cindy Dickson, challenged the residency requirement set out in the
1. In DICKSON V. VUNTUT GWITCHIN FIRST NATION, 2020 YKSC 22JUNE 8, 2020, the appellant, Cindy Dickson, challenged the residency requirement set out in the Vuntut Gwitchin Constitution ("Constitution") that required that those seeking election to its council must reside in or relocate to Old Crow within 14 days of being elected to office. The appellant based her challenge against the respondent's Constitution on the basis that it infringed her rights under section 15 of the Charter of Rights and Freedoms ("Charter"). The respondents relied on s. 25 of the Charter claiming that it provided a shield to their rule requiring residency. What arguments and issues presented by the appellant Cindy Dickson and respondent Vuntut Gwitchin First Nation? (In Module 9 called Indigenous Peoples.)
2. Is the Supreme Court of Canada the best place to make decisions on Charter cases? Is it better to devolve the power to apply Charter issues to superior courts and administrative tribunals is this a positive step forward for access to justice accused and litigants? Justify your position?
3. Pick a case in Module 11 and discuss how the criminal justice system has used s. 24(2) - Exclusion of Evidence to defend the rights of accused under the Charter sections 7-12. Explain how the decision in the case you selected the scope of s. 24(2). Did the case expand/contract the protection of the rights of the accused?
4. Select one of these pairs of legal areas: (Trade and Commerce), (Property and Civil Rights) , (Transportation and Communication ). Summarise the two areas you have selected. Provide an overall perspective on the importance of these particular legal area/s in Canadian constitutional law and if there have been any precedent setting Charter cases or other legal cases in these areas.
5. How did the COVID 19 pandemic challenge the Canadian government's duty to live up to the principles of universality, comprehensiveness and accessibility of health care to Canadians? Talk about the different levels of government. The textbook as well as outside materials can be used.
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