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WTF - Court allows illegal search (pg. 4)
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| zoogla |
| quote: | | the court said throwing out reliable evidence because of Charter violations must be balanced against public concerns about escalating gun violence. |
This sounds like the "proportionality test" that is built into the charter to ensure that any limitation of the charter is proportional to the harm caused to society by not limiting the charter. I studied a few cases on this in uni in the context of degrading pornography and a few other aspects (lol I can only remember the porn one :p). I don't think this decision can be made at the Appeals Court level but rather at the Supreme Court, where you have a wider scope of opinion with a much larger knowledge base. |
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| Jayx1 |
| quote: | Originally posted by AustralianGQ
thats a different scenario then the one in this news article. im tryna say that the cops were justified in what they did to this idiot with that much coke on him. |
But if the cops dont have laws to follow wouldnt they be able to argue that they are always justified based on "the security of greater society?" Cops and politicians already use the guise of safety and well being to promote their own agendas. We definately do not need more of this. |
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| Jayx1 |
| quote: | Originally posted by AustralianGQ
thats a different scenario then the one in this news article. im tryna say that the cops were justified in what they did to this idiot with that much coke on him. |
But if the cops dont have laws to follow wouldnt they be able to argue that they are always justified based on "the security of greater society?" Cops and politicians already use the guise of safety and well being to promote their own personal agendas. We definately do not need more of this. |
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| Jayx1 |
| quote: | Originally posted by fayraree
This sounds like the "proportionality test" that is built into the charter to ensure that any limitation of the charter is proportional to the harm caused to society by not limiting the charter. I studied a few cases on this in uni in the context of degrading pornography and a few other aspects (lol I can only remember the porn one :p). I don't think this decision can be made at the Appeals Court level but rather at the Supreme Court, where you have a wider scope of opinion with a much larger knowledge base. |
And this is why our charter is deeply flawed. Basically the charter is the law unless someone feels it shouldnt be the law. Which is why we have so many double standards here in Canada |
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| TO guy |
| quote: | Originally posted by Jayx1
And this is why our charter is deeply flawed. Basically the charter is the law unless someone feels it shouldnt be the law. Which is why we have so many double standards here in Canada |
Every law is the law until someone feels it shouldn't be. We call her Bev. McLaughlin. |
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| zoogla |
| quote: | Originally posted by Jayx1
And this is why our charter is deeply flawed. Basically the charter is the law unless someone feels it shouldnt be the law. Which is why we have so many double standards here in Canada |
This why I love our legal system and have 100% faith in it, as I know Canadian values at large will be upheld, regardless of what the law is. If law is inconsistent, it will be corrected due to this test. This is why I feel safe raising my children here. :)
...and once my views are inconsistent with Canadian views, I'll move outta here. ;) |
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| shanny |
| quote: | Originally posted by AustralianGQ
are u really that stupid and ignorant?
hey im just going with the flow...everyone else judges everyone on this site, so im doing it too. no one should have coke on them in the first place.
coke is illegal, personal use or not. |
What kind of world are you living in my friend?
I don't know what its really like "down under", I've heard crazy like the toilet flushes the opposite direction and other nonsense, I've never been so I can't tell you for sure...
...but one thing I can tell you for sure is that there is no way coke is illegal in Australlia.
Coke is one of the most recognizable names on the planet, and the people who market it are not idiots. You expect me to believe they would leave an entire continent of their sales plan? I don't care how many people you have to bribe, you make it happen if you're the worlds largest softdrink distributer and an entire continent (there are only 7 for god's sake)wants to make your product illegal.
I refuse to believe that coke is illegal in Australlia, nor is it here, so I think a retraction of your comment would be welcomed at any time, and i know I'm not just speaking for myself here.
And as for personal use...who are you to decide what someone's personal use should be?
When I was a kid I used to drink a big gulp a day. Sure it was excessive, but I was my own boss, I made my own decisions, like it or not.
What happened in the long run? Sure I had a belly and didn't date girls for a little while, but now I rarely touch the sweet stuff.
Regulating softdrinks is not the way to go, in Canada or Australlia. Maybe China, but certainly not here, and that is a fact!
I refuse to listen to any more nonsense. Judging someone for their coke-habit is just plain lame. |
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| phlog |
| quote: | Originally posted by AustralianGQ
im tryna say that the cops were justified in what they did to this idiot with that much coke on him. |
wtf is a "tryna" ? a cross between a dinosaur and a vagina i'm guessing... |
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| Jayx1 |
| quote: | Originally posted by fayraree
This why I love our legal system and have 100% faith in it, as I know Canadian values at large will be upheld, regardless of what the law is. If law is inconsistent, it will be corrected due to this test. This is why I feel safe raising my children here. :)
...and once my views are inconsistent with Canadian views, I'll move outta here. ;) |
So you are comfortable with UNELECTED judges making new laws? Im sure not!
One person's opinion against a government of ELECTED representatives who represent the people is not my definition of freedom and democracy and the will of the people. |
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| Jayx1 |
| quote: | Originally posted by shanny
What kind of world are you living in my friend?
I don't know what its really like "down under", I've heard crazy like the toilet flushes the opposite direction and other nonsense, I've never been so I can't tell you for sure...
...but one thing I can tell you for sure is that there is no way coke is illegal in Australlia.
Coke is one of the most recognizable names on the planet, and the people who market it are not idiots. You expect me to believe they would leave an entire continent of their sales plan? I don't care how many people you have to bribe, you make it happen if you're the worlds largest softdrink distributer and an entire continent (there are only 7 for god's sake)wants to make your product illegal.
I refuse to believe that coke is illegal in Australlia, nor is it here, so I think a retraction of your comment would be welcomed at any time, and i know I'm not just speaking for myself here.
And as for personal use...who are you to decide what someone's personal use should be?
When I was a kid I used to drink a big gulp a day. Sure it was excessive, but I was my own boss, I made my own decisions, like it or not.
What happened in the long run? Sure I had a belly and didn't date girls for a little while, but now I rarely touch the sweet stuff.
Regulating softdrinks is not the way to go, in Canada or Australlia. Maybe China, but certainly not here, and that is a fact!
I refuse to listen to any more nonsense. Judging someone for their coke-habit is just plain lame. |
I think pretty soon they are going to ban sprite as the name is offensive to those who are short and fairy like in nature. LOL |
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| EvilTree |
| quote: | Originally posted by Jayx1
So you are comfortable with UNELECTED judges making new laws? Im sure not!
One person's opinion against a government of ELECTED representatives who represent the people is not my definition of freedom and democracy and the will of the people. |
personally, i think it's good enough check and balance against politicians making stupid decisions
as long as the judges aren't arbitrary and politically neutral.
I don't want judges to be politicized either |
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