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Canadian Law: Fundamental Freedom Of Thought, Belief, Opinion And Expression

826 words - 4 pages

Faith Maragh- Samuels
Mrs.Nekkers
CLU 3M1
Thursday May 29th, 2014
Introduction

The Supreme Court of Canada was correct in the decision of R.v Skinner, ruling that in the case of Dorman Thomas Skinner sections 2(b) along with 2(d) from the Canadian Charter of Rights did not violate the constitutional Rights of Freedoms the respondent Mr. Skinner.

Profile of the Law
The following sections of law were presented in the case of R.v Skinner, established in the Canadian Charter of Rights and Freedom both sections 2 (b) and 2(d) which states
Section 2 (b)
“Everyone has the following fundamental freedom of thought, belief, opinion and expression, including freedom of the press and ...view middle of the document...

Upon arrest Skinner was charged with communicating in an public place for the purpose of obtaining the sexual service of a prostitute. Following the case Skinner was convicted at trial for the summary offence he committed the night of January 2, 1986. On appeal Skinner argued that the provision of the criminal code violated his right to freedom of expression under section 2(b) of the charter.(R.v Skinner)

Judgments

Commentary and Insights
Prostitution laws in Canada have created much controversy and confusion among canadian citizens, for this reason being that there is no law prohibiting acts of prostitution but several pertaining to methods prostitutes seem to conduct themselves when soliciting. To prevent a threat to the public order of decency the federal government restrict the actions of operating a sexual services establishment where sexual activities take place, being found in such an establishment, procuring for such purposes, or communicating such services in a public place (Canada’s politics). In the case of R.v Skinner, Thomas Skinner was arrested due to communicating in an public place for the purpose of obtaining the sexual services of an prostitue. Despite the fact the it was after dark hours and the possibility of an individual observing the communication of Skinner was highly slim, it just happened unknowling to be a undercover cop Skinner want to obtain sex from. From reading the official documents of the law Skinners actions were not...

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