Please read the following fact scenario and analyze the following in complete sentences:

1. Charter of Rights and Freedoms analysis

I. What arguments is Keynes going to make regarding which rights of hers have been violated?

Ii. What arguments is the Government of Canada going to make to justify taking away Keynes' rights. Be sure to address all tests and subtests needed.

Iii. What remedies is Keynes going to ask for?

2. Ontario Human Rights Act analysis.

I. What arguments is Keynes going to make regarding which OHRA rights of his have been violated?

Ii. What arguments is the Government of Canada going to make under the OHRA to justify taking away Keynes' rights?

Fact Scenario 1: Lisa Keynes M Canada Lisa Keynes ("Lisa") is 32 years old and is an incarcerated prisoner. She gave birth to a daughter, Sara, while in prison. After her birth, Sara was taken by the Children's Aid Society. Lisa is now bringing legal action to get back custody of Sara while in prison. History In high school, Lisa became involved with a tough crowd and began drinking, smoking marijuana, and becoming involved in petty crimes such as vandalism and shoplifting. When she was 17, Lisa was diagnosed as having bipolar disorder. She was able to attend some counseling arranged by her high school's social worker but was unable to afford the medications that were recommended by her family physician. By her early 205, Lisa was drinking heavily and regularly using harder drugs including cocaine and crystal meth. Although she occasionally was able to secure full or part-time employment, Lisa frequently quit or was dismissed from jobs for reasons largely related to her drug use. She increasingly resorted to illegal means to support her habits, including theft, prostitution, and dealing in various drugs. During this period, Lisa was charged with a number of offenses, disposed of as follows: a. Age 22 (2005): possession of marijuana and cocaine. Lisa entered a diversion program that led to the withdrawal of these charges in exchange for community service and her participation in a drug counseling program. Age 24 (2007): communication for the purposes of prostitution and resisting arrest. Lisa received a conditional discharge. c. Age 25 (2008): theft under $5000 (three counts) and assault. Lisa received a six-month suspended sentence. d. Age 26 (2009): possession of methamphetamine for the purposes of trafficking. Lisa served a oneyear sentence in a provincial prison near Brandon, Manitoba. While serving her sentence for the trafficking charge, Lisa was able to stop using drugs and participated in counseling and education programs offered by the prison. She was also able to take mood stabilizing medication to treat her bipolar disorder. However, in 2013, she stopped taking mood stabilizers. Lisa began attending Alcoholics Anonymous meetings and aside from a few brief lapses, was largely successful in staying sober. However, she found herself socializing from time to time with her old friends, many ofwhom were still involved with drugs and crime. The Assault In December 2013, Lisa was visited by an acquaintance, Samantha, who was still involved in the drug ring that was connected to Lisa's trafcking conviction. Lisa and Samantha argued, which led to a physical altercation. After Samantha punched Lisa in the face and shoved her into the wall, Lisa struck Samantha in the head with a telephone in her living room. Lisa was arrested and charged with assault with a weapon. She was released on bail pending trial. The Pregnancy In February 2014, Lisa learned that she was pregnant by a man that she had been seeing casually. Lisa decided to keep the baby. She has no family or friends. At that time, her lawyer told her about the Mother-Child Program, which would allow herto keep her baby while in prison. The Trial At trial in July 2014, Lisa's defense of selfdefense was rejected by the trial judge. Lisa was convicted of assault with a weapon and sentenced to four years in prison. The Program The Correctional Service of Canada's Institutional MotherChild Program allows certain female federal prisoners to keep their young children with them in prison while they serve their sentences, under a number of conditions. The Program is established \"to provide a supportive environment that fosters and promotes stability and continuity for the mother-child relationship". The Commissioner's Directive also states the pre-eminent consideration ofthe program. It declares: "The best interests of the child shall be the pre-eminent consideration in all decisions relating to participation in the Mother-Child Program. The best interests of the child include ensuring the safety and security as well as the physical, emotional and spiritual well-being of the child." Inmates must meet all eligibility requirements to be considered for acceptance into the Program. The eligibility requirements for mothers were: a) The woman inmate must be classified as minimum or medium security, she must be housed in an institution offering the program; and b) She must not have been convicted ofa crime involving a child. Women convicted of any crime of vioience, however, regardless of whether the crime involved a chifd, are not eiigibie to participate in the program. The government did not conduct any study or risk assessment ofthe Program before making the decision to exclude violent offenders. No reason for this exclusion was given by the government. As a result ofthis exception, Lisa was ineligible for the Program. She gave birth to Sara in September 2014 while incarcerated at Maplehurst. Selene was taken away within 12 hours and turned over to the Children's Aid Society. Shortly after Sara was apprehended and separated from Lisa, Marie made an application to a court to get her daughter back.. Lisa led expert evidence from Dr. Sumita Dhaliwal, a psychologist specializing in female prisoners. Dr. Dhaliwal's evidence was that: u A child's early emotional attachment to his or her caregiver(s) is crucially important to his or her development. Secure attachment promotes healthy brain functioning, social development, and emotional security. The crucial period for the formation of such bonds is between the ages ofone and twenty-four months. - The forced separation of a child from her mother is virtually always a traumatic event for a mother; the trauma is exacerbated in women with mental health or addiction issues. - A mother who is separated from her child during incarceration is more likely than other prisoners to be depressed. She will also face considerable difficulties in re-establishing a mother-child bond upon release, even ifthe child is returned to her care. These difficulties are particularly acute ifthe child has bonded with another caregiver. c There are a handful of studies that suggest that female prisoners who are permitted to keep their children in prison while they serve their sentences are less likely to reoffend. The government relied on the evidence of Edwin Fangio, a senior administrator at Maplehurst Prison with over fifteen years of experience in the Canadian correctional system. Mr. Fangio's evidence was that: - Where a prisoner's application to enroll in the Mother-Child Program is refused, there are several possibilities for the child's care during the mother's incarceration. It is often possible for the child to be cared for by her other parents or by other relatives or friends. Where there is no such suitable placement, the child would be apprehended by the provincial child welfare authorities and would likely be placed into foster care. - In Mr. Fangio's view, there were risks to the children living in prison through the Mother-Child Program, including the presence of other violent offenders, the presence of mentally ill or drug-addicted prisoners, and the presence of contraband. Anecdotally, some prison guards have expressed their concerns about these risks and about their ability to ensure the safety of children residing in prison. - He was aware of approximately two security incidents over the last 28 months preceding his evidence involving disturbances in Canadian federal prisons (across the country) involving women enrolled in the MotherChild Program. One involved violence between prisoners and one involved possession of contraband by a mother enrolled in the program. Neither resulted in any physical injuryto a child. The case involving contraband possession resulted in the mother's removal from the Mother-Child Program. END OF FACT SCENARIO