Canada’s Charter of Rights and Freedoms

Canada’s Charter of Rights and Freedoms Section 8: Search or seizure Everyone has the right to be secure against unreasonable search or seizure. The first part of the Canadian Charter of Rights and Freedoms that we choose for our project is section 8: Search and Seizure. This section guarantees that everyone has the right to be secure against unreasonable search and seizure. There are two parts to this section, one being unreasonable search and the other being unreasonable seizure.Unreasonable search is when your property, belongings, body, is searched without a warrant or without a probable reasoning to believe that the person would need to be searched. Unreasonable seizure is different; it implies that a person’s belongings have been taken from them by a public authority without the persons consent. Many government activities fall under this law, in all the law helps to secure people’s rights to privacy and it keeps government officials from abusing their power . Many may wonder why search and seizure are under the same section.The reason why they are is because they often fall hand and hand. Seizure often only occurs following a search, and searches only occur for the reasoning of wanting to seizure the person’s illegal belongings. There are many cases of unreasonable search and seizures which exist. For example, if government officials were to go into a man’s house, whom they suspected of dealing Mariana, but didn’t have a good reason to believe so or a warrant, and had taken his illegal Mariana plants then that would be an example of unreasonable search and seizure.Another example of unreasonable search and seizure would be if police officers were to inspect a person’s car at a traffic stop and take belonging inside because they believe they were illegal possessions; this is unreasonable search and seizure because they did not have a good reason to search. Many argue about this right of protection against unr easonable search and seizure because the possessions, weather found reasonably or not, are illegal. Some think that it is the governments right to search belongings of its citizens.An example of this opposition to the rights of Canadians currently occurring in Canada is Bill C-30. Bill C-30 would force Internet Service Providers to give Government Officials your name, address, IP address and a lot of other personal information, without a warrant. With all this information, the government would be empowered with the ability to monitor every action that you make online and use it to catch any illegal activity. This is a complete compromise to the rights of Canadians to protection against unreasonable search and seizure.

Animal Rights (Tom Regan etc)

Animal rights is a very controversial issue with many different groups of people with differing opinions that want their voices on this issue heard. Many of these groups believe that animals have inherent value and deserve rights, and the majority of people believe this as well, but exactly which rights do they deserve. It is all well and good to say you are an advocate for animal rights, however the real issue here is exactly what rights are they entitled to? I will be evaluating Tom Regans view of animal rights that he sets out in The Case for Animal Rights (1992), in which he calls for an end to the use of animals in scientific experiments and commercial agriculture, and sets out what he believes animals are entitled to. I will also be examining opposing arguments from Carl Cohen (1986), who is very much on the opposite end of the spectrum, and believes that animals deserve no rights whatsoever. In â€Å"The Case for Animal Rights† (1992) Regan argues that all beings of consciousness have what he calls inherent value, which is value to themselves above the value of their usefulness to others. He uses the example of the genius and the retarded child. The value of the usefulness to society differs dramatically in these two individuals, but that does not mean that the life of one is of greater value than the other. You could not morally kill the retarded child in order to save the genius, as this moral theory does not allow for that to happen. All beings of consciousness possess equal inherent value and all have an equal right to be treated with respect and to not be treated in a way that degrades them to simply a thing a resource for others to use. This is what Regan calls the rights view. It denies all tolerability of racial, sexual or social discrimination, and opposes the view that the ends justify the means you cannot justify evil means, that violate an individuals rights, simply by achieving good results. If this moral theory condemns all use of racism, sexism and any other form of discrimination then, of course, it will also condemn speciesism discrimination based on species. Regan does not simply oppose battery hen farming, the conditions of veal farming, the tiny cages used for animals in medical and cosmetic testing and the conservative use of anaesthetics on animals being used for toxicity tests of cosmetics, he opposes the entire doctrine and way we look at animals as a whole. The rights view that Regan holds is abolitionist towards animal testing, for Lab animals are not our tasters; we are not their kings. (Regan 1992) These animals are constantly reduced to their usefulness to others, as they are seen as a renewable resource for us to have our way with and, without the means to object, there is no reason to stop. There is no thought whatsoever to their inherent value and the fact that their living conditions and whether they live or die is important to them. The fact it is important to them means something, according to the rights view. This brings us back to the genius and the retarded child example. If we reduced those two down to their usefulness to others we would have no trouble killing off the retarded child in order to retrieve information that could save the genius life. The problem is not many moral beings would be able to do that. The fact that they can do it to animals is blatant speciesism, which really should be as bad as racism and other forms of discrimination. An animal’s inherent value should be important to us because it is important to them. If we dont respect that then, in the eyes of the rights view, we are as bad as racist mobs lynching an African-American due to the colour of his skin. Regan suggests that the reason animals are perceived to have less value stems from the fact they lack our level of autonomy, reason or intellect. They cant have the same level of inherent value as humans do for those are some of the attributes that make us value human life as a whole. This version of the rights view is even more baseless than saying they have no rights at all, because we arent prepared to make the same call on humans who also lack normal levels of intellect, reason and autonomy. The truth is that those deficient humans, that lack those attributes to a degree, do not hold less value than the rest of us. Their life is still as important to them as our life is to us and we cannot justify saying that this is not the case. All beings who have inherent value have it equally and deserve to be treated as though their inherent value means something for, according to the rights view that I am explaining and evaluating, this is indeed the case. There are, of course, advocates of differing views and philosopher Carl Cohen is one of these advocates. Carl Cohen believes there are two categories that define an organism as a human. These categories pertain to a being’s cogniscience as a legal person and a moral person. There are two types of legal persons: natural and artificial. Natural legal persons refer to you and me any human in the world is a natural legal person. An artificial legal person is a body of men/woman who in the eyes of the law are seen as one e.g. A corporation is seen as one legal entity. Both these types of legal persons have legal responsibilities to uphold the law of the land and are responsible for their own actions. They are also given rights with these responsibilities and come under legal protection. Animals arent seen to have any legal responsibilities and, with no responsibilities, there can be no rights. As such, they cannot come under legal protection, effectively barring them from being classified as a legal person, natural or artificial. A moral person is much the same. They have moral responsibilities to look out for their community, and others around them, and also have the intellect and reason to make autonomous decisions and to object to things they believe are immoral. In agreeing with and putting these responsibilities into practice, they develop moral rights to have their decisions, feelings and value upheld by the communities they are morally responsible for. Animals lack all of these attributes, such as the ability to see right and wrong in their actions, and to be able to recognise their obligations and make a moral decision based on their responsibilities. Cohen himself explicitly states so when he says â€Å"Rights arise, and can be intelligibly defended, only among beings who actually do, or can, make moral claims against one another.† (1986) Humans may be subject to experimentation with their consent a choice they freely made and we, as moral persons, must respect, as they made the choice as a moral person. An animal cannot do this. It is impossible for an animal to give consent or withhold consent and equally as impossible for it to make a moral decision based on moral obligation and sense of right and wrong. It is therefore impossible to call them a moral person. Much like the legal persons classification, they are barred from all moral rights when they cannot comprehend moral obligation, and knowing what is right and wrong. Regan responds to Cohen’s analysis with an accusation of speciesism. Failing to protect the rights of animals due to their lack of moral attributes is exactly like condemning a retarded child for the absence of this same capacity. Using Cohen’s logic, because the retarded child lacks empathy and a sense of moral obligation, they deserve no moral rights at all. In the real world, however, this is quite the opposite. They are, in fact, given more protection as a result. Society provides services and facilities for them to live with fully-functional people, so they may live in a fulfilling manner. It is morally wrong, in modern society’s eyes, to discriminate against them due to their reduced brain function. For this reason, I see Cohens arguments to be, not only antiquated, but not in line with commonly held belief of 21st century society. It was published six years prior to Regans the Case for Animal Rights and, despite the fact that it doesnt seem like a long time, society’s views on animal rights have changed drastically since 1986. The animal rights movement is no longer considered as simply the views of â€Å"hippies† who should not be taken seriously. This movement has garnered a lot of support from the mainstream of society, and many scholars and lawyers have gotten behind it. Regan was one of the key factors in bringing the animal rights issue into the academic limelight, and it has subsequently flourished in the curriculum of many academic institutions, and has the support of senior legal scholars of Harvard Law Alan Dershowitz and Laurence Tribe. 92 out of 180 law schools in the US have now adopted the issue, and even have specific animal rights courses included as compulsory course requirements. The most enthusiastic adopters amongst the academic world are the philosophers, for it brings many deep questions to the surface and causes in us a realization of how cruel society can be, and how hypocritical we can be in our assigning of inherent value. Society has proven to be prone to prejudice and discrimination. As evidenced by the civil rights movement of 1960s America, it can take hundreds of years to achieve a state of equality. Regan’s rights view of â€Å"inherent value†, when viewed in the context of civil rights, has been shown to have immense value to all sectors of society, not only those who are the victims of prejudice. Society selectively applies this rights view to suit themselves. In contrast, Cohen’s rights view of assigning value based on conforming to preset categories of legal and moral personhood, seems to no longer be relevant to 21st century society’s beliefs. Regan himself addresses this view and draws comparisons to how society treats human beings of reduced mental capacity. If society is judged on how it defends those who cannot defend themselves, what justification do we have for failing to protect the welfare and rights of animals. In the time since Cohen published â€Å"The Case for the Use of Animals in Biomedical Research† in 1986, scholarship and academic attention on the subject of animal rights has grown immensely. No doubt, as more academics and philosophers add their own thoughts and research into the subject, we can expect to see our understanding of animals rights continue to change. Jonsson, P. 2001. Tracing an animal-rights philosophy. [online] Available at: http://www.csmonitor.com Encyclopedia Britannica. 2013. animal rights. [online] Available at: http://www.britannica.com/EBchecked/topic/25760 Dershowitz, A. 2004. Rights from wrongs. New York: Basic Books Smith, W. 2010. A rat is a pig is a dog is a boy. New York, NY: Encounter Books. Regan, T. 1983. The case for animal rights. Berkeley: University of California Press. Cohen, C. 2012. The case for the use of animals in biomedical research. Arguing About Bioethics, p. 206.

What are the factors leading to child labor Thesis

What are the factors leading to child labor - Thesis Example .States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the childs education, or to be harmful to the childs health or physical, mental, spiritual, moral or social development (Child labor, 2013)." Economic activity conducted by an individual less than 15 years of age, constitutes child labor. This definition of child labor has been provided by the ILO. Some examples of child labor that can be regarded as beneficial are; moderate work after school or engagement in legitimate apprenticeship. Instances of these being contributing to the family business or working on a farm that belongs to the family. Instances of child labor that have a damaging effect are those that prevent proper attendance at school, and which prove to be hazardous to the mental and physical health of the child (United Nations, n.d.). A definition provided by the ILO, regarding child labor, is that it is work that renders children bereft of their childhood, dignity, potential, and which harms their physical and mental development. In addition, the ILO describes child labor as work that is mentally, morally, physically, or socially harmful and dangerous to children. Another major disadvantage with child labor is that it adversely affects the schooling of children (Nam, 2013, p. 524). This transpires due to children engaged in child labor being deprived of the opportunity to attend school, causing them to leave school prematurely, or compelling them to endeavor to combine attendance at school with unduly time-consuming and heavy work. In addition, the Convention on the Rights of the Child describes a child as individuals whose age is less than 18 years. As such, children can take part in labor. Moreover, every form or work done by children, does not constitute child labor. Work can exercise a beneficial influence upon children, as

What if anything, can the study of family law gain from an Essay

What if anything, can the study of family law gain from an understanding of theoretical approaches towards the relationship between law and families - Essay Example or alternative non-marriage arrangements as well as frequent divorce are making the once-solidly-defined English nuclear family resemble something else entirely, something else that is thus-far undefined, vague and nebulous. In this changing atmosphere, family law will be of increasing importance in managing conflict, creating harmony and resolving issues before they arise, creating amicable arrangements when disasters do occur, and organizing society. Major theoretical approaches like feminist theory, the public-private divide and functionalist theory deserve analysis, but the most salient for modern circumstances is feminist theory, at least insofar as it recognizes gender differences and difficulties. The changing nature of the British family deserves special comment and analysis. â€Å"Earlier this year, women became the majority of the workforce for the first time in U.S. history. Most managers are now women too. And for every two men who get a college degree this year, three women will do the same. For years, women’s progress has been cast as a struggle for equality. But what if equality isn’t the end point? What if modern, postindustrial society is simply better suited to women?† (Rosin, 2010). Rosins question is obviously somewhat hyperbolic, but there is an underlying fear and anxiety there. Girls are being preferred over boys for in vitro fertilisation in America, and similar phenomena are occurring in Britain. The delocation and loss of jobs caused by the recent economic meltdown have only exacerbated this phenomenon. â€Å"He writes on the board: $85,000. â€Å"This is her salary.† Then: $12,000. â€Å"This is your salary. Who’s the d amn man? Who’s the man now?† A murmur rises. â€Å"That’s right. She’s the man† (Rosin, 2010). This basic conflict between men and women in terms of new gender norms will cause major issues for family law. Add in the other factors such as cohabitation, gay marriage and civil unions, other changing sexual orientation

Changes in our culture Essay Example | Topics and Well Written Essays - 500 words

Changes in our culture - Essay Example It reminds of a simpler time in history when one has to catch food in order to eat or plant crops to be harvested for sustenance. That time of having the familiarity of building a house with one’s own hands or with the help of neighbors. All of these virtues and values are at a lost in today’s world where we open cans, lids, pouches, or any of other similar make for our so-called nourishment. But this is what our evolution has come to be. This is the era of conveniences and expediency. The availability of all modernity does not impose relentless clutch on all that it offers but it provides for a choice, because ultimately how one lives is according to how he desires to. I have to admit that I was born in a time where I can no longer imagine having to live without all of the tools that are easily available to me. There is no question that I am thrilled and relieved even that I only have to pop something in the microwave for a couple of minutes in order to satisfy my hunger. There is no hesitancy that my laptop is most cherished and adored of all the tools that great minds have invented. This is especially true because of the internet which has now been declared a basic human right by the United Nations, raising its rank along the same level as food, clothing, shelter and education (as cited by Chipchase, par. 5). Google is a dear old friend who virtually knows everything I need to know when I have to finish an assignment. Email is especially welcome in how it has made communication such a breeze. Losing my mobile phone feels almost like losing an arm. But in all the exigencies that this state of constant sprint that we are in, the choice remains ours in whether to follow the flow of the current, go against it or simply remain still. In however positive or negative opinion we have of these changes in our culture, we cannot deny the fact that this is actually where our

Social Networking and Enterprise Essay Example | Topics and Well Written Essays - 2000 words

Social Networking and Enterprise - Essay Example According to the paper with the emergence of social network marketing, agents have been induced to embrace social media marketing to achieve a better understanding of customer needs and build a better relationship with customers. Social marketing pursues in an elaborate manner the online marketing strategy a business can adopt, the opportunities and challenges associated with social marketing. Review of Social Marketing Tools and Terms Two distinct terms emerge when discussing online marketing: interactive marketing and internet marketing. Interactive marketing is the adoption of conversational skills and settings in marketing where marketing is a transaction focused process. It involves addressing the customer in their own language or way of communication and promptly responding to their concerns. The Internet in this case acts as a tool for facilitating interactive marketing by recording customers or potential customers’ information and easing the communication process. Inte rnet marketing is basically marketing using the Internet. In this case, marketers exploit the fact that the Internet is inherently interactive in eliciting instant responses, and its omnipresence means that it attracts spontaneous responses. Internet marketing combines the innovative and technical sides of the Internet, which include design, development, advertisement and, eventually, making sales. According to the report affiliate marketing is where a website or online business is promoted through an affiliate or publisher who essentially through his/her site or other online service promotes the website or online business and is paid for every sale, visitor, subscriber, or customer provided via their system or effort. A web banner or a banner advert is a form of online advertising where an advert is embedded into a web page intended to attract traffic to a different website by linking them to the advertiser’s website. Banners are constructed from an image and are forms of gi f, jpeg, png, utilising the Java script program or derivatives of Java, Shockwave or Flash technologies. A banner can be made more conspicuous through animation or sound effects and a high aspect ratio. Blogs are websites where entries are written in chronological order, usually in reverse order. They provide commentary, debate or news on a particular subject and are interactive with a format that allows visitors to leave comments (Benni, 2001). They provide text, images or links to other blogs or websites. Contextual advertising is where adverts appear on websites or electronic devices like phones, which is served through an automated system and selects recipients through segmentation.

Accounting for Income Tax Essay Example | Topics and Well Written Essays - 1500 words

Accounting for Income Tax - Essay Example In the same way, the recognition of deferred tax liabilities and assets in combination of an entity has implications on the extent of goodwill that is realised in the recognised bargain purchase gain or in such an entity combination. Other areas that are dealt with by this standard include the recognition of differed tax assets that are generated from unused tax credits or unused tax losses, and the disclosure of income taxes information and the presentation of income taxes in the financial statements (EFRAG, 2011). According to IAS 12, the way, a liability is settled or the way an asset is recovered can have implications on either the item’s tax base or the relevant tax rate, or both. For example, if a vehicle is sold, indexation can be applied on it, in addition to tax deductions against the proceeds of its original cost. In other words, the tax base of the vehicle would act as the vehicle’s indexed cost. On the other hand, if the vehicle is used to run business with the purpose of making taxable profits, corporation tax allowances are not provided, and in that note, its tax base would be zero. It is, however, essential to know that the tax rates applied on use of an item or on sales differ from one jurisdiction to the other (EFRAG, 2011). Difficulties of applying and understanding IAS12 and provide examples. The standards are perceived by the users of financial statements as complex, incomplete and non-standardised. In particular, the information regarding the deferred tax is considered, by users, to be to be insufficient to an extent that it is difficult to forecast the future tax cash flows, accurately. Incidentally, it would have been much helpful if the users are able to understand the strategy applied by an entity, which should be coupled with clear clarifications on the treatment of tax expenses because users do not have the technical accounting knowledge to understand accounting irregularities and complex tax issues that characterise the financial statements. These limitations originate from lack of reflection of the economics of transactions by the accounting method, and from the current standard’s exceptions to the principles - IAS 12 requirements to recognise deferred tax on assets estimated at fair value, and long leasehold investment assets does not reveal the economic implications of recovering the property (EFRAG, 2011). In some jurisdictions, the seller is prohibited from deducting the cost of the property against the income following its use. In such a situation, the fair value of the property will show the present value of future cash flows minus the payments of future tax. Although the current provisions by IAS12 may not reveal the economic impacts of getting back the carrying amount in such situations, when the property is valued at fair value, the deferred tax liability reproduces a tax impact that is perhaps already featured in