...The practice of racial profiling by police officers has become a contentious issue between law enforcement and advocacy group supporting rights of citizens. An increasing number of reported incidents in which law enforcement professionals have been accused of targeting minority groups have heightened the debate about racial profiling and the legitimacy surrounding it. The practice of racial profiling by law enforcement is an attempt to identify potential criminals before they could commit serious crimes. Law enforcement officers who have used racial profiling are confident that the process helps them to detain criminals and therefore reduce crime. However, the use of racial profiling has become a debated issue across North America. The media has captured the public’s attention by identifying how law enforcement officials make the assumption that minority groups and people from ethnic backgrounds are more likely to commit crimes. This paper will reflect that the use of racial profiling by law enforcement is both wrong and ineffective in many ways. First, racial profiling is wrong because it tends to target people of color under the assumption and stereotype that they create more crime, which clearly is unconstitutional under the Charter of Rights and Freedoms. Secondly, through the Toronto Star newspaper analysis it will be obvious that the use of racial profiling in solving crimes is not effective but is damaging and harmful towards individuals under the Human Rights Code. And...
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...Online Anonymity: A Canadian Perspective This paper discusses the methods Canadian law enforcement and national security agencies may use to intercept communications traffic and request the identification of online users from Internet Service and Content Providers under the current Canadian data preservation orders at the federal and provincial level. The safeguarding of online privacy against state intrusion has been of particular concern to the Canadian courts in determining the validity of surveillance measures, due to the inequality of power in the relationship between citizens and the state, and the resultant vulnerability of individuals to state abuses of power. The Canadian Supreme Court has specified three types of privacy: territorial, physical and informational. The Court accepted that the idea of online privacy derives from the presumption that all online data about a person is in a fundamental way, his own. 'privacy, including online privacy, is grounded in man's physical and moral autonomy and is essential for the well-being of the individual'.1 In Lawson Hunter et al. v. Southam Inc., 2 the Supreme Court declared that a major purpose of the constitutional protection against unreasonable search and seizure under section 8 of the Charter of Rights and Freedoms 3 was the protection of the privacy of the individual. The case included a constitutional challenge to a search ordered under the Competition Act4. The Court concluded that to validate the constitutionality...
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...and the natural environment. The first secondary social stakeholder with high interest and high power is the government. Governments hold high power as they set out the regulations and need the businesses to do well in order to maintain a strong economy. Consequently, they hold great legitimacy, urgency, and power. The Canadian government are particularly interested in the Athabasca Oil Sand Project because oil sands development not only benefits all Canadians through employment opportunities but also contributes to the highest rate of economic growth in Canada over the last 20 years. “The Tar Sands are now the biggest capital project anywhere on Earth and the biggest energy undertaking anywhere.” The government sees this as an excellent opportunity for a growing economy, thus supporting the project. The government also holds great power, as they are the ones enforcing the laws and regulations upon a business or organization. However, in this case, the government “fails to enforce its own environmental laws; and it is even engaging in cover-up when people blow the whistle on how the Tar Sands have harmed our health and our environment.” The Canadian government gives tax breaks to oil sands companies such as Shell, whom are the worst polluters, and refuses to force the industry to clean up. They have also covered up the situation when the people of Fort Chipewyan tried to appeal the issue of strange illnesses afflicting residents, and further denied any toxic problems...
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...viewed as a threat to the heterosexual family structure, which was the fundamental social fabric at the time. It can be argued that the major factor leading to the quest for the decriminalization of homosexuality in Canada was the case of Everett George Klippert in the 1960s. For many federal government politicians at the time, such as Justice Minister Pierre Trudeau (Prime Minister from 1968-1979), Klippert’s case brought to light the imprecision of the laws and legal concepts concerning homosexuals and, by extension, homosexuality as a whole. In the following paragraphs, this essay will first provide a general context of how homosexuals were treated and/or perceived in the first half of the 20th century. Subsequently, an in depth examination of the Wolfenden Report’s view of morality and criminality, concerning homosexuality, being two mutually exclusive concepts, as well as legal concepts of “gross indecency” and “the dangerous sexual offender,” prior to the decriminalization of homosexuality in Canada in 1969, and the laws, amendments, and reforms established in subsequent years will provide the reader with an explanation of how Everett...
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...of the law with criminal penalties. The primary agents responsible for upholding the law under the United States criminal justice system are the courts, defense attorneys and prosecutors, law enforcement officers along with prisons and jails. In joint efforts these agents work together to arrest, charge, adjudicate and punish those individuals found guilty of a crime. They are also responsible for ensuring that the accused are given a fair trial and that their individual rights are protected throughout the process. By law, individuals tried through the United States criminal justice system remain innocent until proven guilty (Criminal Justice System , 2011). The carry of firearms for protection and other lawful purposes is legal in forty-nine states, either under license or as a matter of course. Washington, D.C., and the State of Illinois are the only regions that both prohibit carry by statute, and neither issue a license exempting one from the statute. Open carrying of firearms without any licensing requirement is legal in thirty-one states. There is no federal law generally prohibiting the carry of firearms by citizens for protection or other lawful purposes. Some states' statutes prohibit carry in vehicles without a license; concealment without a license; concealment generally; or other restrictions (Criminal Justice System, 2011). Constitutional authority for the judicial system in Canada is divided between the federal and provincial governments. In Canada, law and justice...
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...Business Analysis of Canada Canada is the leading country in the world for an American business to expand because of the very similar culture and business environment to the United States. Americans operating in Canada will feel very comfortable integrating into society and will be able to successfully execute their business objectives. The key areas of focus to effectively prove Canada’s compatibility with American firms is based on the following criteria: * Culture * Management * Population Demographics * Compensation * Religion * Ethics * Political Risk * Economy Culture Canada’s culture is very similar to the United States and by analyzing the cultural dimension theory by Geert Hofsted, American businesses will be able to understand how the similarities positively impact the success of American expatriates working in Canada. Hofsted’s cultural dimensions theory is an analysis of 5 specific factors that define the makeup of a society. Using a ranking system he was able to compare over 50 countries to Canada in all of these dimensions: power distance, individualism, uncertainty avoidance, career success and planning for the long-term horizon. Power distance This dimension measures the rigidity or flexibility of a country in terms of how organizations structure management and subordinate relationships. If a country has a high power distance, management structures seem to be more rigid or hierarchal and a chain of command system is...
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...Samantha CLN4UI 11/05/14 The Severity of Non-Severe Laws As Robert Redford once stated, “... the environment should be put in the category of our national security. Defence of our resources is just as important as defence abroad. Otherwise what is there to defend?” Humans are dependent on the Earth in order to survive, and without it, there would be no life. In order to maintain the environment, governments enact laws and acts that are meant to protect and sustain, but they aren’t always successful. Many large corporations are ignorant of the side effects of not following these laws, due to the fact that they are blinded by materialistic motives such as profit. The environment means little to the greed driven North American corporations of the modern era; their only concerns are the immediate benefits and short term effects. Long term effects are often disregarded and brushed off. These corporations purposely and knowingly break many laws that have been put into place to protect the environment. In order to prevent this lack of obedience and further protect the environment, stricter laws need to be put into place, and one must examine the purpose of breaking protective laws, the specific laws broken, and the effects of breaking the laws. “When a man wantonly destroys one of the works of man we call him a vandal. When he destroys one of the works of god we call him a sportsman.” This quote from Joseph Wood Krutch is an effective example of the injustice that is happening...
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...Changes in the Aboriginal Justice System through Colonialism Austin Jamieson 11153678 Native Studies 107 Ron Laliberte November 20, 2013 Aboriginal justice system has gone through many changes throughout history. This has mostly been because of Colonialism. Its presence is highly noticed in the formation of cultures and their ways, as well as in the elimination of others cultures and their ways. Colonialism has affected Aboriginal culture in several ways; however, a significant area that has been affected is the traditional Aboriginal justice system. Aboriginal communities had their own sense of justice and punishment prior to the arrival of the Europeans in Canada, Aboriginal communities lost their traditional means of sentences to the implementation of European corporal punishment. In the Western concept of justice, the system punishes the offender through a process of trying to make the offender conform, often locking them away to protect society from the dangers that offender brings to those around them. Aboriginal systems (which varying) try to focus on restoring the peace and harmony of the community. The concept is meant to use the justice system to bring equilibrium into the offender and community, as balance is necessary for kinship and relationships to flourish. Elders within Aboriginal communities began to bring many of these traditional correction techniques back into society to fix the growing numbers of criminal offenders throughout the country nearing...
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... 4 The company Background Current Situation Future Plans Airterm’s Services The Firm’s Potential Principal characteristics of the Current Canadian Market Major Industry Competitors Industry Trends Rationale for Expanding Internationally II. Host Country profile 6 Potential Host Country Background Needs and Wants of Foreign Market Consumers Target Market and Existing Market Conditions Sociocultural Factors to Consider Economic Factors to Consider Government and Political Factors to Consider Legal Factors to Consider Transportation Factors to Consider Necessary Modifications to the Service Existing Competition III. Distribution and Cost Profile 10 Distribution Plan Mode of Delivery Cost Factors Development Plan IV. Conclusions 12 4 EXECUTIVE SUMMARY Airterm is a Canadian leader in working with airports and tenants to design, finance, and build...
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...popular and respected publications. Laws change and evolve and to ensure the information is current, we review the guide regularly. Doing Business in Canada Doing Business in Canada is designed to give business executives, counsel and potential investors from foreign countries a concise overview of Canada’s legal and economic framework and key business legislation. For those looking to pursue business opportunities in Canada, this guide outlines several unique aspects of doing business in Canada, including French language requirements in the province of Québec as well as overlapping regulatory jurisdiction among various levels of government in certain areas of the law. With few exceptions, the same considerations apply to Canadians who live, work and conduct business in Canada. Despite the ongoing harmonization of many areas of Canadian business law with those of our major trading partners through international agreements, addressing distinctly Canadian business law requirements is a crucial consideration when entering the Canadian marketplace. Each chapter is designed to assist you with an overview of that particular subject and the laws most likely to affect your business decisions. Beginning with an introduction to Canada’s legal system as it applies to businesses, the guide includes an introduction to Canada’s tax system, the pensions and retirement savings landscape in Canada, foreign investment considerations, competition law, and details on doing business in Québec...
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...1) There are four major types of legislation that affect recruitment and selection in a non-unionized workplace within Saskatchewan. Those types of legislation being: • Constitutional law • Human Rights law • Employment Equity legislation and • Labour law/employment standards and related legislation. Constitutional law as a whole is the supreme law of Canada and has precedence over all other legal means; it consists of a series of Acts and orders passed since 1867 by the British and Canadian Parliaments. Sections 1 – 34 of Part 1 of the Constitution Act of 1982 are called the Canadian Charter of Rights and Freedoms. Constitutional law does not directly affect recruitment and selection activities unless the recruitment and selection practices are challenged in a Human Rights Tribunal or court. Constitutional law sets limits and conditions on what federal, provincial/territorial, and municipal governments and courts can legally do to alter employment policies and practices. Therefore, the interpretation of constitutional law has a substantial influence on every aspect of Human Resource Management not just Recruitment & Selection practices and programs. Human Rights laws across Canada prohibit discrimination in both employment and the provisions of goods and services. Grounds on which discrimination is prohibited in Saskatchewan are: • Race or colour • Religion • Physical or mental disability • Age • Sec (includes pregnancy and childbirth) • Marital status ...
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...The case of Andrews v Law Society of British Columbia (1989) is a monumental case in the context of Canadian Law as it sets the standard for what is considered discrimination against equality in the eyes of s. 15 in the Charter of Rights and Freedoms [hereinafter, Charter]. This paper will examine the decision by the Supreme Court of British Columbia and the subsequent decisions by the British Columbia Court of Appeal and Supreme Court of Canada, and will then comment on the lasting impact of these decisions. The Andrews case added two new infringements, numerous relevant principles under s. 15, and a test to be applied when considering Section 15 that will be discussed in this paper in regard to their future context (Hurley, 2007). The 3...
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...CHAPTER 2 THE CHANGING LEGAL EMPHASIS: COMPLIANCE AND IMPACT ON CANADIAN WORKPLACES LEARNING OUTCOMES 1. EXPLAIN how employment-related issues are governed in Canada. 2. DISCUSS at least five prohibited grounds for discrimination under human rights legislation and DESCRIBE the requirements for reasonable accommodation. 3. DESCRIBE behaviour that could constitute harassment 4. EXPLAIN the employers’ responsibilities regarding harassment. 5. DESCRIBE the role of minimums established in employment standards legislation and the enforcement process. 6. DISCUSS HR’s role in ensuring compliance with employment legislation in Canada. REQUIRED PROFESSIONAL CAPABILITIES ❖ Identifies and masters legislation and jurisprudence relevant to HR functions ❖ Ensures that the organization’s HR policies and practices align with human rights legislation ❖ Promotes a productive culture in the organization that values diversity, trust, and respect for individuals and their contributions ❖ Assesses requests for HR information in light of corporate policy, freedom of information legislation, evidentiary privileges, and contractual or other releases ❖ Contributes to the development of information security measures issues CHAPTER SUMMARY This chapter focuses on the legal environment in Canada. It discusses the multiple overlapping pieces of legislation that attempt to balance employee and employer rights when it comes...
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...Canada Human resource is a department that exclusively deals with employees and the activities that revolve around them. The HR development deals with employees’ personal and organizational skills, their personal knowledge, and abilities. Issues revolving around HR include opportunities such as employee trainings, career development of an employee, incentives and records on performance, organizational development, identification of employees and tuition assistance. The paper therefore discusses the scope of HR development in Canada. On specific issues, the paper explores accomplishments made by HR departments in the Canadian organizations. The paper also discusses the importance of the Human Resource in any organization. The paper discusses recent developments in policies guiding the Human resource. The paper enters into murky depths to explore recent changes in law and acts that guide HR departments. The paper also analyzes some of the challenges the HR face while trying to accomplish their responsibility. Finally, the paper sets some recommendations in the HR development on their efforts to improve the quality of output in organizations. Importance of HR department to a firm (A summary of Jebes, D. (2013). Recruitment And Employees Ways In Canada.) Human Resource department is an important facet in all profit and nonprofit making organizations. This department deals exclusively with the personnel of any organizations. The article explains reasons why organizations require...
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...Article or Case Law Search In this article we will learn how Canada has sought to regulate assisted reproduction and reproductive medicine at the federal level. We will see how decisions about healthcare made in other countries impacts the United States as well as globally. The U.S. Supreme Court has long been in dispute about whether it is appropriate for the justices to take into account the views of courts in other countries. There are no comparable arguments about the importance of medical conclusions from other countries, because human anatomy and physiology are unanimous. But, law is jurisdictional. (George J. Annas, 2011) However, there are lessons to be can learned from legal controversies in foreign courts. The latest verdict of the Canadian Supreme Court on the regulation of reproductive medicine is a key model, especially because it divided the court in a five-to-four decision, giving both sides the chance to articulate powerfully held points of view. (George J. Annas, 2011) Canada’s bottom line is that reproductive medicine is a part of the practice of medicine, and since regulation of the practice of medicine is a provincial authority, supervision of reproductive medicine is not constitutional when operated by the federal government (unless it involves the prohibition of an activity that is inherently “evil”). When the justices arrived at the conclusion that procedures (and possible procedures) in the area of reproductive medicine could be split into “immoral”...
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