Essay about Canadian Morality and the Law - 3034 Words

Canadian Morality and the Law In legal theory, there is a great debate over whether or not law should be used to enforce morality. The sides of the debate can be presented as a continuum. At one end, there is the libertarian view, which holds that morality is an individual belief and that the state should not interfere in the affairs of the individual. According to this view, a democracy cannot limit or enforce morality. At the other end, there is the communitarian position, which justifies the community as a whole deciding what moral values are, and hence justifies using the law to enforce community values. For libertarians, judges should play a prominent role in limiting the state, while for communitarians, judges should†¦show more content†¦The collective agreement between the government and Mossaps union afford bereavement leave only in the case of the death of Mossaps immediate family. Although this definition included a common-law spouse, it precluded members of the opposite sex. Mossap, wh o argued that he was being unfairly discriminated against, filed a complaint with the Canadian Human Rights Commission (CHRC). The CHRC agreed, and ordered that he be given bereavement leave and that the collective agreement be restated to include persons of the same sex. The government appealed this decision and the case was brought before the Supreme Court. The Supreme Could held that the family status provision in the Canadian Human Rights Act (CHRA) was meant to uphold an implicit legal interpretation which excluded homosexuals from anti-discriminatory protection. In his decision, Judge Lamer argued that the CHRA had been amended in 1983 to include the family status provision, and if the CHRA had meant it to include homosexuals, they would have made it explicit then. Instead, according to Lamer, Parliament (through the CHRA) had a clear intent to not extend anyone protection from discrimination based on sexual orientation [354]. Since the legislature had not willed it, Lam er did not feel it was appropriate to amend it. But the decision was not unanimous. Judge LHeureux-Dube, representing the voice of dissent, argued that the majorityShow MoreRelatedThe Canadian Charter Of Rights And Freedoms1531 Words   |  7 PagesSomething Bigger The Canadian Charter of Rights and Freedoms, implemented in 1982 outlines the rights and freedoms that Canadians have as citizens of this country. In this paper I will ask whether we need such a charter, whether we can trust the interpretation of the Charter by the Supreme Court and how the Charter balances power in a democratic way. I will then contemplate the foundational place morality holds in the lawmaking process. In all of this I argue that to make a good law one must hold toRead MoreThe Legal Code Of Society1452 Words   |  6 Pages Law is a necessity. Without the law, there is nothing to hold society together. 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