Charter Of Rights And Freedoms Of Canada: Can Winston Make A Successful Case?

The Charter provisions and Canadian laws relevant to Winston’s case

Yes, Winston can make a successful case under the Charter of Rights and Freedoms of Canada. This Charter forms the first part of the Constitution Act 1982. According to Article 6 of the part, every citizen has the right to enter or stay in Canada. it has been stated under Article 15 of the Constitution, every person should be equally treated irrespective of their caste, colour, region, and age (Solomon, Russell).

British Columbia Human Rights Code is a provincial law and it provides the people of Canada an opportunity to equal rights and protect them from being discriminated in case of job, housing or service (Buergenthal, Thomas, et al).

This example illustrates the doctrine of stare decisis. This principle allowed the judges to come into a conclusion regarding any case on the basis of pre-decided judgments. They can stand by decided matters (Anderlini, Luca, Leonardo Felli, and Alessandro Riboni).

However, the process adopted by the judge in this case is not right as the judges should have to examine the nature of the case first and then the degree of persuasiveness should be analysed. However, in this case, this thing had not been followed.

In Canada, mediators are appointed as third party and appointed to resolve any dispute. There are certain characteristics present regarding the process of mediation. A mediator could not take a decision by his own. He has to come into a conclusion on the basis of party’s terms. No party’s interest should be affected by the decision of a mediator (Porter, Libby, and Janice Barry). His decision should be impartial in nature. Therefore, in this case, mediator cannot take decision freely and the nature of the decision should be impartial.

The investors of the firm may ask for qualifying the losses. The shares of the firm can also be disposed of under section 50 (1) of the Income Tax Act. Additionally, cases can also be filed against the firm if it fails to pay the due monies back to the investors.

Reference:

Anderlini, Luca, Leonardo Felli, and Alessandro Riboni. “Why stare decisis?.” Review of Economic Dynamics 17.4 (2014): 726-738.

Buergenthal, Thomas, et al. International human rights in a nutshell. West Academic, 2017.

Porter, Libby, and Janice Barry. “Bounded recognition: urban planning and the textual mediation of Indigenous rights in Canada and Australia.” Critical Policy Studies 9.1 (2015): 22-40.

Solomon, Russell. “Reviewing Victoria’s Charter of rights and the limits to our democracy.” Alternative Law Journal 42.3 (2017): 195-199.