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Infringement of the Canadian Charter - Free Essay Example

Sample details Pages: 5 Words: 1477 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? Case: R. V. Mann, 2004 SCC 52, [2004] 3 S.C.R. Don’t waste time! Our writers will create an original "Infringement of the Canadian Charter" essay for you Create order 59 In our country, everyone is protected under the law. The Canadian Charter of Rights and Freedoms guarantees certain political rights to citizens as well as civil rights of everyone who resides in Canada. However, in some cases where law enforcement or other government agencies carry out their duties, the civil rights of a person may be infringed. Section 24 of the Charter of rights and freedoms protects residents of Canada from being violated of their civil rights. Any evidences or arrests made while oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s civil right is infringed or denied, will be neglected in any court trials. An example of this is clearly shown in the case of Regina Vs Mann 2004. The breakdown of the case is as follows: On December 23, 2000, a police dispatcher notifies that a break and enter is in progress in a district near downtown Winnipeg, MB. Two police officers respond to this dispatch around midnight. The dispatcher informs the officers that the suspect is known to be à ¢Ã¢â€ š ¬Ã…“Zachary Parisienneà ¢Ã¢â€š ¬Ã‚  a 21 year old aboriginal male, five feet eight, 165 pounds and is wearing a black jacket with white sleeves. However, when the officers arrive near the scene, they find a person walking casually along the side walk who matched the description of the suspect. They identify the man to be Philip Mann, who agrees a pat down search of any concealed weapons. During the search, one of the officers feels that there is something in Philip Mannà ¢Ã¢â€š ¬Ã¢â€ž ¢s kangaroo pouch pocket in the front. The officer proceeded to reach into the pocket to find a plastic bag containing 27.55 grams of marijuana. In his other pockets were small plastic baggies and two valium pills. Philip Mann was arrested for the offence of possession of marijuana for the purpose of trafficking under Section 5(2) of the Controlled Drugs and substances Act. After the arrest, Mann appealed his case. The reason of the appeal was that the search on him was unlawful. His argument was that the police who have detained and searched him had no legal rights to search his body. According to the Charter of Rights and Freedom Section 9, everyone has the right not to be arbitrarily detained or imprisoned. In the case of Philip Mann, however, the detention was justified. A police officer may arrest or detain without warrant when they have reasonable grounds to believe that a person has committed an indictable offence According to section 495 of the Criminal Code. Prior to the detention of Mann, the police officers were provided with the description of the suspect for the break and entering and since Philip Mann matched the description of the suspect, police officers had a reasonable ground to stop and conduct an investigative detention. Everything was very clear and lawful until this point. Mann was compliant towards the officers and allowed a pat down search. Unlike the search procedure incident to arrest where police officers are authorized to search a person f or weapons, evidence and means of escape, a pat down search is only used as a protective measure; to remove any weapons that may harm the officers. Police officers are only authorized to roughly check if the detainee has a weapon, they cannot go through their pockets or belongings. Unless the officer who reached into Mannà ¢Ã¢â€š ¬Ã¢â€ž ¢s pocket had a reasonable ground that what he felt in Mannà ¢Ã¢â€š ¬Ã¢â€ž ¢s pocket during the pat down was a weapon, he must not search his pocket. For example, a police officer detains a suspect that matches the description for an armed robbery suspect. The officer may perform a pat down check on the suspect to ensure the safety of themselves as well as people around them. However, unless the officer can identify that some object that the suspect has underneath their clothing is a weapon, they may ask what it is but not reach into the suspectà ¢Ã¢â€š ¬Ã¢â€ž ¢s clothing and grab it out as the search is not the result of an arrest. During t he appeal of this case, the Court found that the detention was on reasonable grounds. The two officers had reasonable grounds via suspect description that matched Mann. However, the judge confirmed that the search went beyond of a minor security pat down and thus causing a serious breach on Mannà ¢Ã¢â€š ¬Ã¢â€ž ¢s civil rights against unreasonable search. When the officer reached into Mannà ¢Ã¢â€š ¬Ã¢â€ž ¢s pocket, at that moment the focus of the search changed from a security search to evidence search in which the officers lacked reasonable ground on. This completely violated section 8 of the Canadian Charter of Rights and freedoms. The Court added that even if the officer acted in good faith, it cannot be claimed if there is a violation of the Charter. As mentioned above, if the right of an individual is infringed in any way during an arrest or a detainment (section 24 Charter of rights), any evidence that are found must be neglected on trial. In other words, the 27 grams of mari juana and other pills found cannot be used against Mann, rendering the charge of possession for the purpose of trafficking useless. In my opinion, the police officers who has responded to the dispatch of a break and enter should have responded differently. It is very true that Mann matched the initial description of the suspect of the dispatch; however, the dispatcher gave the name and age of the real suspect in the first place. Upon establishing identity with Mann, the police officers should have realized that Mann was not the person they were looking for. The officers should have warned Mann of the incident and allowed him to leave. Upon reading about this case law, I asked myself what would I have done if I was the arresting officer to avoid the arguments this case brought up? Well, I am very strict when it comes to rules especially when it comes to our civil rights. As an officer, I would first establish the identity of the suspect. When the identity is established, I woul d ask the following questions to myself. What is my authority on detaining this person? à ¢Ã¢â€š ¬Ã¢â‚¬Å" I have reasonable grounds to believe this is the suspect of a Break and enter as he matches the description of the suspect although name is not the same. What is my search authority of this person? à ¢Ã¢â€š ¬Ã¢â‚¬Å" Since I have detained this suspect, I have the authority to pat him down for the safety of myself and my partner. I found a soft object in the suspectà ¢Ã¢â€š ¬Ã¢â€ž ¢s pocket. à ¢Ã¢â€š ¬Ã¢â‚¬Å" This suspect is not under arrest. I may not collect evidence through going into his pocket meaning I do not have authority to search. Ask what is in the pocket à ¢Ã¢â€š ¬Ã¢â‚¬Å" Suspect says marijuana, then great I have reasonable grounds to search and arrest. If he says none of your business, then I would simply back off, knowing that I do not have the authority to search. Thank you for your time, walk away, proceed with the pervious dispatch and attend the site of break in. This way, I can completely avoid the argument raised in the case. However, this was for the price of letting go of a potential drug dealer. But, I believe that the police officers got distracted by this minor possession offence (I say minor since I think an ounce of marijuana is not very big in quantity) that they completely neglected the break and enter offence. At the time of the arrest of Mann, the real suspect for the break and enter may have caused serious harm in property or even to another person. The reason why I have choose this topic of Charter of rights and freedoms infringement is because there are many unreasonable search and arrest that are made by our police services and I wanted to learn more about them. Many people with little education do not know their rights when stopped by an officer which can be easily taken advantage of. As the defender of our law, police officers must dedicate themselves in being familiar with their authorities for arrest and search. Furt hermore, as aspiring police officers ourselves, we must also know these authorities in order to be credible servants of the law. Through this assignment, I was able to look in-depth of the search authorities of a police officer. This allowed me a greater understanding of the procedures to take during an arrest through the use of a case law. References Greenspan, E., Martin, J. C. (2014). Martins annual criminal code. S.l.: Canada Law Book Ltd.. Lafreniere, G. (n.d.). Police powers and Drug related offences. Parliament of Canada. Retrieved March 02, 2015, from https://www.parl.gc.ca/content/sen/committee/371/ille/library/powers-e.htm#A. Powers to Conduct Searches R. V. Mann, 2004 SCC 52, [2004] 3 S.C.R. 59 Sharpe, R. J., Roach, K. (2002). The Charter of Rights and Freedoms (2nd ed.). Toronto: Irwin Law.

Military Industrial Complex Free Essays

President Eisenhower raises numerous questions to the state of America in his farewell address. The Military-Industrial Complex is a term he created to define monetary and foreign policy in the 1950’s and 60’s. It is a policy that invests most of its money to military. We will write a custom essay sample on Military Industrial Complex or any similar topic only for you Order Now It is suggested that the United States puts too much influence in its military and that it is a very imperialistic ideal. President Eisenhower also states its effects on American economy, politics, and spirit under the Military-Industrial Complex. His farewell address was a warning, that if America does not control its military investments, it will develop the Military-Industrial Complex. The economical outcome of building a large military creates less funding for other American Institutions. The more money spent on manufacturing weapons, tanks, aircraft and other palpable material will be money not spent on education, healthcare, and social security. However, if America decided to keep funding institutions other than military and was unable to fund more military institutions, the Military-Industrial Complex will find the need to borrow money and/or weapons internationally which would raise the national debt. America would not be able to develop a more educated generation if it were to impose a Military-Industrial Complex. More consequences could involve lower standards of living for Americans or an imperialistic foreign policy. From a political standpoint, building a strong military could influence political relationships around the world. Other countries, as well as ours, currently view America as the supreme super-power of the world. As much common knowledge as this is, it is argued that within human nature is the need to conquer, and because America has a large military, it will be used to involve themselves in foreign affairs, much like the Vietnam War, where American idealists wanted to bring democratic justice to that country. It is a very modernistic ideal that America should have a strong military, and not be needed to use it. However, this is never the case. In Chalmers Johnson’s book, Blowback, he describes the presence of military establishments in Japanese territory. The term Blowback was created by Johnson, and adapted by the CIA after the events on September 11th, 2001 to describe the events that occur resulting from clandestine operations in other countries. The military bases greatly affected the society of the Japanese civilization near them. Johnson describes an instance in his book where a soldier from one of the bases was driving and hit and killed a Japanese civilian. The soldiers would go to their nightclubs and eat at their restaurants. Their tanks and mortar field tests would leave large holes in Japanese mountains. American influence in other countries would be viewed as imperialistic and is just another trait of the Military-Industrial Complex that Eisenhower describes. America is viewed as the land of opportunity where you can be healthy, happy, and successful. However, it can be viewed as a nation that imposes their military power on other countries. Many immigrants come to America and bring their values with them. Many citizens do not agree with the need to be involved in many foreign affairs. American values of world peace are often hypocritical when the military involves themselves in Iraq and Afghanistan. Spiritually, the Military-Industrial Complex can cause a lack of integrity and pride. Eisenhower’s warning is still being examined even today. Many worry that President Barack Obama’s foreign policy is beginning to impose onto other countries. The term that Eisenhower coined in the 1960’s can be applied to the today’s situation politically and economically. How to cite Military Industrial Complex, Papers

Kinesiology Scientific Basis Of Human Motion †MyAssignmenthelp.com

Question: Discuss about the Kinesiology Scientific Basis Of Human Motion. Answer: As a toddler, most of my physical milestones which were expected by my parents were met in time. For example, through my toddler phase, I was breastfed for a shorter duration, and my weight and height growth expectations were accomplished, and I was soundly nourished. Most importantly, I gained gross motor skills including walking and crawling at an early age compared to the average age; eight months and five months respectively. Many exceptional motor skills were incorporated into my physical growth and development at normal phases, and have significantly contributed to my current coordination as a grownup. According to (Leonard et al. 2011), individual structural constraints include my height, which limits me in doing things which would involve reaching high places. Subsequently, my functional limitations include fear of getting injury due to prior experience. Additionally, I fear to visit the parks alone as a result of past attack experience by unknown people. I started developing my locomotion through crawling, that is, moving with abdomen and hands, then began moving with hands and knees. According to my mothers observations, I exhibited a type of crawling called belly crawl when I was at the age of 6 months. In this type of crawl, my mother recalls that I would keep my tummy against the floor while moving. After the crawling phase, my walking progressed and started becoming stable and mobile increasing my strides length. My mother narrates that his milestone was somehow difficult to learn since it demands much balance and strength. Notwithstanding, and unlike what most people would expect of me, I managed to sail through this phase with few hurdles. To learn to walk, I started by pulling myself up on items that were within my reach, including the leg of my mother, coffee table and plastic chairs. My base of support has also significantly reduced rotating my pelvis. According to my mothers observations, I started standing on my own and w ould move while holding furniture in the house as soon as I gained enough balance in my feet. On the same note, I have attained my ability to run due to physical maturation and growth resulting in improved running measures. Due to running, I can propel-self off the growth with either one or two feet and land on the ground with the two feet. Additionally, I have developed ballistic skills such as kicking. Essentially, these skills have developed by virtue of the strong impulse in the agonist's muscles creating momentum in the limbs as reported by Lee, Hinder, Hinder, Gandevia and Carroll (2010). I have also developed my manipulative skills through warm-ups before commencing any physical exercise, for example, through jumping jacks and stretching. This has enabled me to develop my ability to grasp objects. Hamilton (2011) outlines that, the gender typing and the belief that young people should not exercise are some of the socio-cultural impediments that constraint motor developments. Basically, these are the key beliefs that have affected my motor development as well. On the other hand, the psychosocial constraints include self-esteem and emotions. Emotions would involve stress associated with failure due to low ability while self-esteem would encompass lack of skills (Ulrich, 2013). References Hamilton, N. P. (2011).Kinesiology: scientific basis of human motion. Brown Benchmark. Lee, M., Hinder, M. R., Gandevia, S. C., Carroll, T. J. (2010). The ipsilateral motor cortex contributes to cross?limb transfer of performance gains after ballistic motor practice.The Journal of physiology,588(1), 201-212. Leonard, H. C., Bedford, R., Charman, T., Elsabbagh, M., Johnson, M. H., Hill, E. L. (2014). Motor development in children at risk of autism: a follow-up study of infant siblings.Autism,18(3), 281-291. Ulrich, D. A. (2013). The test of gross motor development-3 (TGMD-3): Administration, scoring, and international norms.SporBilimleriDergisi,24(2), 27-33.