DAY 22 What Happens When Your Charter Rights Are Breached? Sue Rodriguez

Sometimes a person's rights are not recognized or they are breached by government action or inaction.  Then what? 

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)?  It states:

• "24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances."  (In plain English, courts can order a remedy to enforce your Charter Rights if it's applicable).

Sue Rodriguez and the "Right to Die with Dignity" debate. 

Today we are looking at the case of Sue Rodriguez and the right to die with dignity in Canada.

Please write these questions down: 

Sue Rodriguez: "Whose body is this?  Who owns my life?"

1. How does this quote relate to your own life and your own body?

2. Who has the authority to tell you what you can and cannot do with your life or your body?

3. What is Euthanasia?

4. When is Euthanasia used with animals?

5. How does s. 1 of the Charter limit individual rights?

Video Clip on Sue Rodriguez

While viewing the video clip, let's try to answer these questions: 

6.  What are the symptoms of Lou Gehrig’s disease? Is it treatable?

7.  What constitutional rights did Rodriguez say had been violated by the Criminal Code?

8.  What is the significance of the timing of Rodriguez’s death?

Short Debate on the right to die with dignity.

Sue Rodriguez's public appeal.

Here is some more information on Sue Rodriguez and the Right to Die in Canada.  It has a synopsis of the case and some more questions for you to tackle.