Wednesday
December 17, 2014

Homework Help: Should Canada continue to support the ............

Posted by Anonymous on Monday, February 12, 2007 at 11:58am.

Declaration of Human Rights?
I need to make a debat right so I need to know why you support it or why you dont Thanks in advance

The whole point of a debate is for you to look into it and decide, then debate why or why not.

So...go look into it and decide if they should or should not. Then put together your reasons why. And debate :)

Matt

Here are some sites that will give you some ideas.

http://www.jiskha.com/display.cgi?id=1171299536

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Canada
The constitutional provision that guarantees Freedom of expression in Canada is section 2(b) of the Canadian Charter of Rights and Freedoms.

http://en.wikipedia.org/wiki/Freedom_of_speech

2. Everyone has the following fundamental freedoms: ... (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
Due to section 1 of the Charter, the so-called limitation clause, Canada's freedom of expression is not absolute and can be limited under certain situations. Section 1 of the Charter states:

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. (emphasis added)
This section is double edged. First it implies that a limitation on freedom of speech prescribed in law can be permitted if it can be justified as being a reasonable limit in a free and democratic society. Conversely, it implies that a restriction can be invalidated if it cannot be shown to be a reasonable limit in a free and democratic society. The former case has been used to uphold limits on legislation which are used to prevent hate speech and obscenity.

In April 29, 2004, Bill C-250 was passed which includes as hate speech propaganda against people based on their sexual orientation. It is now illegal to publicly incite hatred against people based on their colour, race, religion, ethnic origin, and sexual orientation. However, under section 319 on hate speech, a person cannot be convicted of hate speech "if the person can establish that the statements made are true."

An example of the limiting of obscenity is that case Forget v. Quebec (Attorney General) 1988, (2 S.C.R. 90) decision in which the Supreme Court invalidated the Charter of the French Language also known as Bill 101. One of the reasons it gave for invalidating it was that it was not a reasonable limitation under sec. 9 of the Quebec Charter of Rights and Freedoms and under section 1 of the Canadian Charter of Rights and Freedoms. This decision was one of the first cases after the section 1 Oakes test was established. Bill 101 was subsequently put into effect though by invoking the notwithstanding clause of the Charter.

Other laws that protect freedom of speech in Canada, and did so, to a limited extent, before the Charter was enacted in 1982, include the Implied Bill of Rights and the Canadian Bill of Rights.

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