Question
In 2005 Martha was charged with, and pleaded guilty to, shoplifting. She received a conditional discharge and according to the law in that province (Quebec),
In 2005 Martha was charged with, and pleaded guilty to, shoplifting. She received a conditional discharge and according to the law in that province (Quebec), she automatically received a pardon after the passage of a certain period of time. Four years later, Martha applied to be a police officer in Montreal but because of her past charge, her application was rejected on the ground that she did not meet the Montreal police services strict hiring standards, which required that candidates must be of good moral character. Martha filed a human rights application, alleging that her rights had been violated. The police responded that the misconduct itself, not the charge, brought her moral character into question. Assuming that this fact situation had taken place in Ontario:
Questions to consider while analyzing:
What is the alleged ground of discrimination
Discuss possible arguments that Martha could make to support her claim.
Discuss possible arguments that the police could make to support their positions.
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