Question
Focus Question #2: How does the charter affect la lawmaking in Canada? Consider one issue that impacts human rights in Canada. Should the Canadian government: restrict certain people from travelling by air for security reasons? (p 107-8) ban junk food ads that are directed towards children? (p.109) do something that is currently an issue that you have seen in the media? Should the Canadian government __ square Yes: facts, views perspectives people/groups square discrimination decision? square
Solution
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Preston
Professional · Tutor for 6 years
Answer
Focus Question #2: How does the Charter affect lawmaking in Canada?The Charter affects lawmaking in Canada by acting as a benchmark against which all laws are measured. Any new law passed by the federal or provincial governments must conform to the rights and freedoms guaranteed in the Charter. If a law is challenged and found to violate the Charter, the courts can strike it down or order the government to amend it. This process of judicial review ensures that laws respect fundamental rights and freedoms.Consider one issue that impacts human rights in Canada: **Should the Canadian government regulate the use of facial recognition technology by law enforcement?**This issue connects to several Charter rights, including:* **Section 7:** Life, liberty and security of the person. Facial recognition technology raises concerns about unreasonable surveillance and potential breaches of privacy, impacting an individual's security of the person.* **Section 8:** Security against unreasonable search or seizure. The use of facial recognition could be considered a form of search, and its application without proper safeguards could violate this right.* **Section 15:** Equality rights. There are concerns that facial recognition technology may exhibit biases against certain demographic groups, leading to discriminatory outcomes in law enforcement.**Should the Canadian government regulate the use of facial recognition technology by law enforcement?**☐ **Yes:*** **Facts:** Facial recognition technology is increasingly sophisticated and readily available. Studies have shown potential biases in these systems, particularly against individuals with darker skin tones and women. Unregulated use could lead to misidentification and wrongful arrests. Several jurisdictions around the world are grappling with the ethical and legal implications of this technology.* **Views/Perspectives:** Privacy advocates argue that widespread use of facial recognition infringes on privacy rights and creates a surveillance state. Law enforcement agencies argue that it can be a valuable tool for identifying suspects and solving crimes. Civil liberties groups express concerns about the potential for misuse and abuse.* **People/Groups Affected:** All Canadians could potentially be affected by the use of facial recognition technology, but certain groups, such as racial minorities and those involved in protests or activism, may be disproportionately impacted.* **Discrimination:** As mentioned above, biases in the technology can lead to discriminatory outcomes, potentially violating Section 15 of the Charter.* **Decision:** The government should regulate the use of facial recognition technology by law enforcement to ensure it is used responsibly and ethically. Regulations should address issues such as data collection, storage, access, and transparency. Independent oversight and accountability mechanisms are crucial to prevent misuse and protect Charter rights. Clear guidelines and limitations on its use are necessary to balance the potential benefits with the risks to fundamental freedoms.☐ **No:** (While this example focuses on the "Yes" argument, a "No" argument could be constructed by emphasizing the potential benefits of the technology for law enforcement and national security, while downplaying the privacy and discrimination concerns. This would require careful consideration of the Charter and a strong justification for limiting its protections in this context.)