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Law Case Studies

Figuring out the law is a very complicated matter as not many cases are simply black and white. In fact, most cases have areas that are not very clear and it is helpful to utilize the Canadian Charter of Rights and Freedoms in clearing up these gray areas. In the case Ford v. Quebec, the gray area was defined by a language barrier. Also the case pertaining to abortion which was R v. Morgentaler, Smoling and Scott, was not so clear-cut as it raised the question of who has the right to security of a person as well as liberty. Lastly the case R v. Ladouceur involving the cops was a really conflicting case in that it was unclear whether the cops had the rights in this instance or Ladouceur. In all three cases the Charter became a significant tool in clearing up the gray areas and defining the boundaries in which the law operates. Although the Criminal Code of Canada is also a very good guide, however it does not always contain all the necessary precedents and guidelines that are needed to clarify a case. This is simply because there are always new types of cases, with different situations and circumstances which may come up. That is why the Criminal Code is sometimes not enough to help define the true facts of the case, and that is where the Charter comes into play. Also the Charter is very important when it comes to protecting the rights of the individual. Section 1 of the Charter is very helpful and clear in defining the limits of the law as well as an individuals freedoms, and plays a key role in clearing up these particular cases and helping the Supreme Court of Canada arrive at their decisions, which are meant to protect the best interests of society.
In the case Ford v. Quebec, Valerie Ford was a business owner in Quebec who had put a sign up in both the French and English language in the province of Quebec (Alexandrowicz, Pg 196). The problem here was that under Bill 101, public signs were only to be hung in the French language unless they involved some sort...