Case Study Viola Desmond

Textbook:Sharpe, R. J., & Roach, K. (2021).The Charter of Rights and Freedoms(Seventh edition.)

Case study - Instructions Imagine you have just taken on a major case, your client's name is Viola Desmond, and she has hired you as her Civil Rights attorney to represent her in the case. After the injustice Mrs. Desmond experienced it is clear to you that she has indeed suffered a gross miscarriage of justice and you have decided to bring her case before the court of appeals.

As her attorney how would you argue her case? (Keep in mind that at the time the injustice initially occurred, there was no Charter of Rights and Freedoms, but if you were to argue her case today how would you illustrate in your argument to the court that a gross miscarriage of justice was done to Mrs. Desmond.

Your paper should address the following questions below after reading about her story in the course textbook provided for you- click on the link below for Colour-coded: A Legal History of Racism in Canada...

1. A brief summary in your own words of her story, outlining and explaining

a. Who she was.

b. where she lived.

c. What she experienced in her hometown and how this relates to Charter Rights, justice, and equality.

2. Discuss the proceedings of the court case, in other words, what happened, be sure to address and explain the following:

I. The Theater: Given the way she was removed, what might this illustrate in terms of how she was perceived by the manager and the police officer with regards to her race and gender? Explain. What kind(s) of oppression is being described in the story? Explain.

II. Desmond's Arrest: Why do you think Desmond was placed in a male jail cell as opposed to a women's jail cell? Again, what might this illustrate with regards to how she was perceived with reference to her race and gender? Explain.

III. The Trial: How would the verdict in the trial be different had Desmond been told of her right to bail, to call an adjournment, and to have a lawyer present? In what ways? Explain using facts from the case outlined in the Text Resource listed below for this assignment. Your paper must address 3 to 4 specific references from the text that address the questions for this assignment.

3. Explain how her case relates to the issue of Anti-Black Racism -please see resource below for a definition and explanation of what Anti-Black Racism is.

4. What section(s) of the Charter does this case address, be sure to explain using specific sections or a section of the Charter.

5. Be sure to refer to at least one other case either from the course or outside of the course that addresses the same section of the Charter to illustrate a pattern of how the courts have decided cases in the past or present in reference to the same section of the Charter - this is where you will be required to do some research to locate another case either from within the course or outside of the course, to show a pattern in court decisions regarding the Charter right affected as it relates to the discrimination issue of Equality Justice and Rights ( see course outline for cases to reference also check the resource list for cases you can discuss and reference. You should take particular care in writing your perspective on this point, do not simply put down the first thing that comes to mind, but really think about her case in relation to the course content as well as in relation to some of the other issues that have come to light and continue to be a problem with regards to the issue of Anti-Black Racism today.

The Text Resource and other sources listed below should be used to address numbers 1 -5 for this assignment The following sources below are required to complete this assignment and should be cited in APA format in your paper for any information that you used from these sources. Failure to use and refer to the following sources in your paper will result in a lower or failing grade.

Resources

• You are required to use the sources listed below to complete this assignment.
• Moreover, you are required to use a maximum of three additional sources in your paper one of which must be the required course textbook and/or the lecture notes from the course.
• For papers that include more than three additional sources, this will result in a lower or failing grade, this is because I am grading you on your informed thoughts and not the opinions of other writers that you include in your paper.

Resources for the Assignment - Remember you are required to choose three additional resources to use in conjunction with the three resources listed here.

All three of these sources must be referenced in your paper.

Resource Text

1.Backhouse, Constance Colour-Coded: A Legal History of Racism in Canada 1900-1950

Chapter 7 "Bitterly Disappointed at the Spread of Colour-Bar Tactics..." Pages 226- 232

https://tspace.library.utoronto.ca/bitstream/1807/101779/1/Colour_Coded_UTP_9781487527860.pdf

(Anti-Black Racism Resource)

2.Government of Ontario. (n.d.). Anti-Black racism. In Data Standards for the Identification and Monitoring of Systemic Racism Glossary. https://www.ontario.ca/document/data-standards-identification-and-monitoring-systemic-racism/glossary

(YouTube Video)

3.Historica Canada. (2016, February 2). Heritage Minutes: Viola Desmond. YouTube. https://www.youtube.com/watch?v=ie0xWYRSX7Y