We finished some of our discussion of Dudley George and the Ipperwash Inquiry. The whole point of us addressing the incident is to show that in Canada, sometimes people's rights are trampled upon by the government, or at least by agents of the government, in this case the OPP.
Next we looked at the Charter of Rights . . .
Page 38 - How do we know if an action warrants the application of the Charter? The courts will always ask these questions in this order:
1. Does the Charter Apply? If it involves the government, then it could apply. e.g. the government passes a law about how the police can search for and seize evidence for a trial. The law could potentially breach a Charter right.
2. Has a Charter right or freedom been infringed? Has the government action infringed a specific right or freedom from the Charter, if so then it might be a Charter case.
3. Does the Reasonable Limits Clause (s. 1) justify the infringement? Is the action of the government that infringes upon the right or freedom justifiable and reasonable in our country which is a "free and democratic" country? e.g. age limit of 18 for voting.
4. If not, is there a remedy under the Charter (s. 24)?
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