Question
Read the following articles about the recent use of the notwithstanding clause in Ontario and answer the questions: Will Doug Ford Pay the Price for
Read the following articles about the recent use of the notwithstanding clause in Ontario and answer the questions:
Will Doug Ford Pay the Price for Deploying the Notwithstanding Clause?:
https://www.cbc.ca/radio/thehouse/doug-ford-notwithstanding-section-33-constitution-1.6062167
Ford Government Pushes Through Controversial Election Spending Bill:
https://www.cbc.ca/news/canada/toronto/notwithstanding-clause-vote-ontario-1.6064952
Do you think this was an appropriate use of the notwithstanding clause? Why/why not?
Who benefits from its deployment?
WHAT IS THE NOTWITHSTANDING CLAUSE?
Section 33 of the Charter of Rights and Freedoms permits governments (including the federal Parliament, and/or provincial/territorial legislatures) to override certain rights and freedoms that are guaranteed by the Charter
Gives elected officials the ability to overrule the courts, should they determine that the need to do so exists
WHY DOES IT EXIST?
The clause was included in the Charter as part of a compromise between the federal and provincial governments during discussions leading to the Patriation of the Canadian Constitution in 1982
Prime Minister Trudeau made no secret of his disdain for the clause, claiming it violated his sense of justice
Premiers (particularly from the Western Provinces) wanted something in the Charter that would maintain Parliamentary Supremacy.
Do you agree with Prime Minister Trudeau? Why/why not?
Supreme Court Ruling An End to Life Without Parole
Have a look at the following video:
https://globalnews.ca/video/8876800/supreme-court-of-canada-rules-life- without-parole-cruel-and-illegal/
You can do more of your own research if you wish.
Journal - And End to Life Without Parole
What are your thoughts on this?
Is it unconstitutional for people not to be eligible for parole for life? Is it cruel and unusual punishment to keep people in prison for life?
Or is this a fair thing to do? Do you agree that is about us being a 'just' society, and we should allow people to try and reintegrate?
Do you think this will change the sentences people receive? Do you think offenders will actually receive parole when they apply for it?
Do you think we should go back to corporal punishment and the death penalty? Is it a better deterrent for committing crimes?
How do you think the victim's families will feel about this decision? Anything else to add?
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