Section 2C and D in The Canadian Charter Rights and Freedoms

Case

Background

Why did they have to stop?

Suresh v. Canada (Minister of Citizenship and Immigration), 2002 SCC 1 (Canlii)[2002] 1 S.C.R. 3 (Supreme Court of Canada)

Collective Bargaining

People started not being peaceful, camping out, selling drugs, getting drunk etc.

Suresh an inhabitant of Sri Lanka tried to become a legal immigrant in Canada, He applied and was rejected

Case Study For 2(c)

This right is important for people in the work force because it gives them the right to join a union. It also allows collective bargaining

Occupy Canada

He was to be deported for being a supporter and fundraiser for a terrorist group in Sri Lanka

When the peace was eliminated from this assembly the police then had the right to evict the people and that is what they did.

Collective bargaining: negotiation of wages and other conditions of employment by an organized body of employees, as defined by google

Occupy Canada was a group of citizens protesting for financial reasons.

you are guaranteed a processes but not a result

The protest had 3000-4000 people

It protects the right to make an association or be in an association, but it does not protect the association

Definition of 2(d)

Started off peacefully but after a while just became an assembly of people protesting.

Freedom of association

it is important to note the people were evicted not for protesting, but for not protesting peacefully

This right also includes the right not to associate. Unless a job says it is mandatory to be part of a union to have the job

Definition: The ability to create or be apart of a group, committee, union ect. as long as said group is not illegal.

mandatory associations do not invoke 2(d) of the charter of rights

Occupy Vancouver started October 15th and everyone was finally evicted from the site on the 21st of November

When the protests started conflicting with the rights of others that's when section2(c) stopped protecting them

The government deemed him a threat because of the association to the terrorist group

For this reason they were allowed to deport him, but decided to hear out other claims

Freedom of associations was his second claim

This did not hold up because the group he was associated to was a terrorist group

2(d) does not protect illegal associations such as terrorist groups

He had other claims as well that do not concern section 2(c) or 2(d)

Introduction

His Defense

Section 2

He said he would be tortured if sent back

(the government can't deport someone to a country if they are at risk of being tortured)

(c) Freedom of peaceful assembly; and

(d) Freedom of association.

He claimed that he was protected under 2(d) of the charter of rights

(Freedom of association)

Section 24 his rights were infringed

Definitions of 2(c)

Freedom of peaceful assembly

- Fundamental Freedoms

Definition: You have the right to come together peacefully as people

The keyword is peacefully

Section 2(c) and (d) in The Canadian Charter Rights and Freedoms