...Charter apply? Which sections? As evident in the article, section 2b: “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication,” applies to this case. In this issue, a nudist named Brian Coldin, states that his freedom of expression has been infringed upon as he is charged with several counts of public nudity because of his lifestyle. In Canada, certain laws in forbid this act, which directly affects the ability of a nudist to express themselves. In response to this, Coldin’s lawyer, Clayton Ruby, has said that these charges have limited the expression of nudists and suggest that these laws infringe on Charter rights. However, witnesses have also claimed that seeing Coldin nude in public has caused trauma and unease. But, despite these...
Words: 958 - Pages: 4
...The first section of the statute enacts 'that all railway companies carrying passengers in their coaches in this state, shall provide equal but separate accommodations for the white, and colored races, by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations: provided, that this section shall not be construed to apply to street railroads. No person or persons shall be permitted to occupy seats in coaches, other than the ones assigned to them, on account of the race they belong to. By the second section it was enacted 'that the officers of such passenger trains shall have power and are hereby required to assign each passenger to the coach or compartment used for the race to such passenger belongs; any passenger insisting on going into a coach or compartment to which by race he does not belong, shall be liable to a fine of twenty-five dollars, or in lieu thereof to imprisonment for a period of not more than twenty days in the parish prison, and any...
Words: 2489 - Pages: 10
...My Swamp It is alleged that Lord Farquaad had violated the rights and freedom of many characters in the movie Shrek. There is multiple times he is seen going against the creatures and people of the land. Lord Farquaad makes Shrek go on a quest, this goes against Shrek's rights and freedoms according to section 7 of the Canadian Charter of Rights and Freedoms. Only way Shrek was to regain privacy is if he went on the quest to rescue Princess Fiona for Lord Farquaad which does not comply with section 7 of his rights and freedoms. His life is being threatened while attempting to rescues the princess[4]. Mobility rights is section 6 in the Canadian Charter of Rights and Freedoms. Lord Farquaad forced all fairy tale creatures to leave their own land. This is the violation of section 6.1, where it states you have the right to move as you please. Section 2 a) To move to and take up residence in any province. All fairy tale creatures in the pond were evicted by Lord Farquaad. 2 b) To pursue the gaining of livelihood in any province. When Lord Farquaad decides that it was in his power to remove the fairy tale creature, Shrek and donkey he is violating this section as they have the right to side within the province he rules. Section 10 states that everyone has the right an arrest or detention. a) To be informed promptly of the reasons therefor; b) To retain and instruct counsel without delay and to be informed of that right; and c)To have the validity of the detention determined by...
Words: 661 - Pages: 3
...doused the flag with kerosene and set it ablaze. Johnson and his fellow demonstrators circled the burning flag and shouted anti- American slogans. No one was injured or threatened with injury by Johnson’s act, but many who witnessed it were deeply offended. Dallas police officers arrested Johnson and charged him with violating section 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” Johnson pleaded not guilty in Dallas County Criminal Court, and after a trial was found guilty of violating the statute. He was sentenced to one year in prison and fined $2,000. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984). Johnson appealed his case to the Texas Court of Appeals, Fifth District, claiming that the statute under which he was convicted was unconstitutional. The Court of Appeals disagreed with Johnson and affirmed his conviction. Johnson v. State, 706 S.W.2d 120 (Tex. App. – Dallas 1986). Johnson then appealed his case to the Texas Court of Criminal Appeals, this highest court in the state of Texas. The Court of Criminal Appeals reversed the lower court’s ruling, holding that Johnson’s right to...
Words: 538 - Pages: 3
...November 1, 14 and 28, 2005. Judgment: January 20, 2006. Constitutional law — Canadian Charter of Rights and Freedoms — Fundamental freedoms — Freedom of expression — Reasonable limits — Oakes test — Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression dismissed — City's objective to control proliferation of portable signs to address problem of visual pollution and balance public interests with commercial interests was pressing and substantive — Bylaw rationally connected to objective, as evidence indicated that number of signs dropped since bylaw — Bylaw minimally impaired right to freedom of expression, as smaller portable signs and other advertising means were available for businesses — Means used by city to address objective and its effects were proportional. Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression — In order to curb proliferation of portable advertising signs, City of Nanaimo passed bylaw restricting use of portable boards 32 square feet in dimension to new businesses — Northridge Fitness Centre was a business located away from the highway that used a 32 square feet portable sign to advertise — Northridge was charged with violating the City's sign bylaw — Northridge claimed bylaw was unconstitutional — HELD: Motion dismissed —...
Words: 1940 - Pages: 8
...relationship between employers and employees. The area of our interest is section 7 of the National Labor Relations Act (29 U.S.C. §157) that permits employees to engage in so called "protected concerted activity” and the recent changes that needed to be brought in order for the Act to catch up with modern day technology advances. Internet has penetrated our lives and social networks started to play an important role in our daily communication. As with everything else, employment and issues associated with it are often being discussed between employees. Reasonably, there is a number of concerns regarding this particular type of online activity and NLRB had to step in in order to clarify its standing regarding these concerns and provide social network communication policies. Social networks like Facebook, Twitter and LinkedIn have become the central communication arena for various companies’ employees and social media policies were established by various employers in order to limit what and how can be expressed when communicating online. The idea is to discourage potential discussions that portray the company in a negative way. Employers also don’t want their employees to disparage anything that is company-related. Very often violation of these policies led to firing of those who engaged in the aforementioned online activity. NLRB has ruled, however, that these policies restrict workers’ right to discuss work conditions freely and without fear of retribution....
Words: 2926 - Pages: 12
...Speech: Human Rights Violations in India One third of the world’s child brides originate from India; whose journalists are continuously shut down for revealing their political opinions. India’s culture has been having arranged underage marriage for many centuries, “Child marriage, which has existed for centuries, is a complex issue, rooted deeply in gender inequality, tradition and poverty” according to an article published by UNICEF. In an article published by the Library of Congress Jeanine Cali writes, during the 19th century, Britain placed a sedition law in its colonies of India; today, that law is being used to deny Indian citizens their freedom of speech and opinion. In India, underage and forced marriage and the freedom of expression of opinion are ongoing human rights abuses; they violate articles 16 and 19 of the Universal Declaration of Human Rights, also known as UDHR. Currently, in India, children of young ages are being forced into illegal marriages which all violate Article 16 of the UDHR. “Because the wedding was illegal and a secret, except to the invited guests, and because marriage rites in Rajasthan are often conducted late at night, it was well into the afternoon before the three girl brides in this dry farm settlement in the north of India began to prepare themselves for their sacred vows” (Gorney). Gorney explains that the three weddings were to occur during the night as all of the marriages were illegal under Indian marriage laws. Although underage,...
Words: 768 - Pages: 4
...seems as if the act of smoking itself becomes more and more stigmatized. Canadians continue to smoke, regardless of its harmful effects on themselves and the people around them, particularly children. Many younger children are involuntarily exposed to cigarette smoke and are vulnerable to health problems. Recently, Ontario legislature passed a new law that prohibits smoking in a motor vehicle in the presence of anyone under 16. Since Ontario is known to have the most strict anti-smoking laws, this may come as no surprise. It has been found that second hand smoke is much more concentrated in a vehicle than a smoker’s home. Some may argue that the law is limiting Canadian smokers’ rights and freedoms, which is a ridiculous notion. The anti-smoking legislation is necessary and does not infringe on smokers’ rights or freedoms. Medical research has already determined that nicotine is a very addictive substance and that dependence on nicotine has even been considered a psychiatric disorder that requires medical treatment. The health effects of second hand smoke can be immediate or long term to anyone, let alone children, which is why the anti-smoking legislation is necessary. The Canadian government has been slowly inching towards anti-smoking laws. For banning smoking in vehicles in the presence of children, it is purely reasonable. As health studies progress, so do the findings that conclude and illustrate the damaging effects of second hand smoke exposure. Children that are “…exposed...
Words: 960 - Pages: 4
...On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, which declared all slaves in rebellious states free. Although people of color were free, they still were not treated equally with whites. Slaves had a difficult time integrating into society after being freed. In 1868 the Fourteenth Amendment was introduced to ensure equal protection for citizens and to help issues former slaves were having trouble entering society. State and local governments could require that facilities be separated by race as long as they were equal. Facilities were rarely equal and whites had some facilities that blacks didn't. This created controversy and led to the “separate, but equal” clause. Homer Plessy was one man who would challenge...
Words: 366 - Pages: 2
...1. Identify the nuggets from the two-day sessions of Business Ethics class and explain how would you apply those nuggets in your work place. ANSWER: Nuggets from the lecture Ethics defined as the study of right or wrong and as broadly as the general inquiry into what is good. Ethics examines the right or wrong within the context of moral duty. Business ethics is a form of applied ethic in business activity that examines ethical principle and moral or ethical problem that may occurred on business environment. It is applies to all business activity either to the conduct of individual or entire organization. Some business may have same issue related to the business ethic such as problem of product quality, transparency of the financial statement, environmental issues, human right, workplace quality and safety issue etc. In business a company shall create a regulation and code that will regulate the daily life and how business should perform in ethical way. Those we call it Code of Business ethic and Conduct. Code of business ethic and conduct for the company is very important to set up and regulate the life of company. It’s collection of principle in term how they believe and aims to live by. It is also reflected the corporate culture and its vision and mission of the company. How the code of conduct applied in Chevron which they call it “The Chevron Way”. The Chevron code of conduct built in line with their company’s vision and mission. Integrity is one of highest...
Words: 1419 - Pages: 6
...high end clothes designer out of major western cities that released 3 employees based on their social media posts. The posts discussed various workers’ rights as well as abuse of power in the management positions. They used their networking with other stores to inquire about how management is at other stores with no repercussions to the manager of the other store. According to arentfox.com, “Morris brought the book about worker’s rights to the store and placed it in the break room where other employees looked through it. The book covered matters such as benefits, discrimination, the right to organize, safety, health and sanitation.” (2013) This book was brought in as a result of conversations with the manager from the Las Vegas store. In a complaint by the NLRB, they claimed that the 3 employees were released violating the sections 7 and 8 of the NLRA. The decision was based on the facts that it was a discussion between company employees about work conditions. Section 7 states that “the right ... to form, join, or assist labor organizations ... and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” (2013) By firing the three employees they showed that employees at the time were not allow to collaborate about the issues within the work place. In section 8, it explains, “interfere with,...
Words: 964 - Pages: 4
...PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULLPAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATESPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES002E Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Short Title. - This Act shall be known as the "Paternity Leave Act of 1996". SECTION 2. Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery. For purposes, of this Act, delivery shall include childbirth or any miscarriage. SECTION 3. Definition of Term. - For purposes of this Act, Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child. SECTION 4. The Secretary of Labor...
Words: 898 - Pages: 4
...UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ___________________________________________ ) SECURITIES AND EXCHANGE COMMISSION, ) 450 Fifth Street, N.W. ) Washington, D.C. 20539 ) ) Plaintiff, ) ) v. ) ) WORLDCOM, INC., ) ) Defendant. ) ___________________________________________) Civil Action No. COMPLAINT (Securities Fraud) The Securities and Exchange Commission (“the Commission”) alleges for its Complaint as follows: 1. From at least the first quarter of 2001 through the first quarter of 2002, defendant WorldCom Inc. (“WorldCom”) defrauded investors. In a scheme directed and approved by its senior management, WorldCom disguised its true operating performance by using undisclosed and improper accounting that materially overstated its income before income taxes and minority interests by approximately $3.055 billion in 2001 and $797 million during the first quarter of 2002. 2. By improperly transferring certain costs to its capital accounts, WorldCom falsely portrayed itself as a profitable business during 2001 and the first quarter of 2002. WorldCom’s transfer of its costs to its capital accounts violated the established standards of generally accepted accounting principles (“GAAP”). WorldCom’s improper transfer of certain costs to its capital accounts was not disclosed to investors in a timely fashion, and misled investors about WorldCom’s reported earnings. This improper accounting action was intended to manipulate WorldCom’s earnings in the year ending...
Words: 1605 - Pages: 7
...DANTE O. TINGA (Ret.), Respondent. A.M. No. 10-5-7-SC Present: CORONA, C.J., CARPIO, CARPIO MORALES, *VELASCO, JR., NACHURA, LEONARDO-DE CASTRO, BRION, PERALTA, BERSAMIN, DEL CASTILLO, ABAD, VILLARAMA, JR., PEREZ, MENDOZA, and SERENO, JJ. Promulgated: December 7, 2010 x----------------------------------------------------------------------------------------x D E C I S I O N BRION, J.: Before us is the disbarment case against retired Supreme Court Associate Justice Dante O. Tinga (respondent) filed by Mr. Jovito S. Olazo (complainant). The respondent is charged of violating Rule 6.02,[1] Rule 6.03[2] and Rule 1.01[3] of the Code of Professional Responsibility for representing conflicting interests. Factual Background In March 1990, the complainant filed a sales application covering a parcel of land situated in Barangay Lower Bicutan in the Municipality of Taguig. The land (subject land) was previously part of Fort Andres Bonifacio that was segregated and declared open for disposition pursuant to Proclamation No. 2476,[4] issued on January 7, 1986, and Proclamation No. 172,[5] issued on October 16, 1987. To implement Proclamation No. 172, Memorandum No. 119 was issued...
Words: 4430 - Pages: 18
...He was only 1/8 black and 7/8 white, but under Louisiana law he was considered black. It also involved a white Judge by the name of John Howard Ferguson. In 1892 Plessy was asked by the Citizens Committee which was a political group made up of African Americans and Creoles to help them challenge the Separate Car Act, which by Louisiana law separated blacks and whites in railroad cars. If a black was caught sitting in the white section of the cars, they could get either 20 days in jail or a $25 fine. He agreed to help the Committee. On June 7, 1892, Plessy purchased a first-class ticket at the Press Street Station in New Orleans to go to Covington, Louisiana. The railroad didn’t support the Separate Car Law, because of the expense and trouble involved with it. They chose this station for that reason and the station was in on the test as well. He sat in the white only section and waited for the conductor. When the conductor arrived he told him that he was only 1/8 black and that he refused to move to the colored car of the train. A hired detective told Plessy he was violating the law but he still refused. Since he would not move to the colored car he was arrested and jailed overnight and released on bond the next morning. Since this was pre-planned, the committee was waiting at the police station with bond money for Plessy and had already retained a lawyer out of New York, by the name of Alboin W. Tourgee, who had previously worked on civil rights cases of blacks. They challenged...
Words: 778 - Pages: 4
