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Rajiv's Story Essay

645 words - 3 pages

In this instance the government regulation to keep the school safe is interfering with Rajiv’s fundamental freedom of conscience and religion stated in section 2 of the charter, and it is doing so unjustly. While the information given in the story was scarce, there were no reports of a Kirpan being used a weapon before, any problems with weapons, or any attempt to find an alternative instead of disallowing the Kirpan completely . In the case Multani v. Commission scolaire Marguerite-Bourgeoys The Supreme Court of Canada decided that the decision to prohibit the wearing of a Kirpan to be a violation of one’s fundamental freedom. This is important because a precedent has been set by the Supreme Court of Canada. After the Multani v. Commission scolaire Marguerite-Bourgeoys case the court decided that if that given the premise a student has not used the Kirpan as a weapon before, and sincerely believes that a metal Kirpan is ...view middle of the document...

What is reasonable is defined by the government who are elected by society. In Harvey’s case ones freedom of expression can be limited if they are promoting hate speech. This means limiting is freedom of speech was justified as Rajiv claimed Harvey was “promoting hate through his jokes”. This is most likely true as the teachers demanded for Harvey to stop telling his jokes as well. The reason this is all important is because under the charter one’s freedom of expression can be limited if they are promoting hate. Telling Harvey to stop telling his jokes was justified as he was “promoting hate through his jokes”.
While under section 8 of the character everyone is safe against unreasonable search and seizure, the search was not only reasonable in this circumstance, but encouraged. This is what was stated by the Supreme Court of Canada regarding a vice-principal searching a 13 year old boy. Since the two cases are similar the law dictates that they are treated similarly and it also sets a precedent. Regarding the case at hand given the tensions within the school the principal searched lockers and places where she suspected there may be drugs or weapons. This is encouraged as administration within the school is expected to keep discipline and order and sometimes there needs to be locker searches to obtain this. The Supreme Court decided that a warrant is not needed if searches are conducted independently from the police. It has also been decided that reasonable grounds for searching lockers includes a teacher’s or principals own observations. Since the principal believed there would be prohibited items in these areas she must have observed something about these students’ lockers, and even if she did not as it is impossible for anyone to know, and therefore impossible to punish, and therefore not a crime. This is proves that the locker search was justified as the locker searches were conducted by a principal since she observed something unusual about the lockers, was trying to maintain order, conducted the search separately from the police, and a similar search was done before by another, and was approved of by the Supreme Court of Canada.

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