Introducing
Your new presentation assistant.
Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.
Trending searches
On March 9, 2009, Leroy Smickle was alone in his cousin, Rojohn Brown's apartment taking webcam photos for his Facebook page with a loaded handgun. At the same moment, authorities of the Toronto Police Emergency Task Force and the Guns and Gangs Squad arrived outside the apartment because they believed Brown was in possession of illegal firearms and attained a search warrant. As the forces broke into the apartment, they found Smickle with his loaded firearm. Smickle did as the police ordered, and was then arrested. The minimum sentence, if prosecuted by indictment, is three years. The defense argued that the three year minimum sentence of imprisonment constitutes to cruel and unusual punishment therefore violating s. 12 of the Charter. The Crown then fires back to say that the gun belonged to Smickle and because he brought it to Brown's apartment, he had also been walking through the community with a loaded gun concluding that the three year sentence would be appropriate. The Court reached the conclusion that the outcome had to be ruled out of the the minimum sentence of three years by the Criminal Code. This sentence subjects to cruel and unusual punishment, violating s. 12 of the Charter.**
Gingy was first created by the Muffin Man and his only family is his brother, Mongo. Gingy attended Cookie Academy and majored in Home Economics. He is seen to be easily persuaded and threatened because he is so small and helpless. Gingy has had no other encounters with the law as a result of his obedience. He was previously married to an unnamed redhead gingerbread girl but later divorced. He was then later in a relationship with a gingerbread girl by the name of Suzy but is now deceased.Throughout the movie Shrek, Gingy is tortured by Lord Farquaad by being dunked in milk and getting his legs ripped off so he could not escape. When Gingy did not give Lord Farquaad answers, he threatened to rip off Gingy's gumdrop buttons. Then when the Magic Mirror arrived, Gingy was thrown into the trash but at the end of the movie, he is okay, and his legs get glued back on with icing.*
David Oakes was charged with unlawful possession of a narcotic for the purpose of trafficking in 1986. Section 8 of the Narcotic Control Act provides that if the Court finds the accused in possession of a narcotic, the accused is presumed to be in possession for the purpose of trafficking. The Ontario Court of Appeal brought by the Crown, found that this provision violated the presumption of innocence entrenched in s. 11(d) of the Canadian Charter of Rights and Freedoms.The issue before the Court was whether s. 8 of the Narcotic Control Act violated s. 11(d) of the Charter, and whether any violation of s. 11(d) could be upheld under s. 1. The Court described the exceptional criteria under which rights could be justifiably limited under section 1. The Court applied the Oakes test to find that section 8 did not pass. They concluded that it would be irrational to infer that a person had an intent to traffic on the basis of his or her possession of a very small quantity of narcotics. Therefore, section 8 of the Narcotics Control Act is in violation of the Charter and is of no force or effect.*** The Oakes test is now used regularly and provides a great deal of precedence for future cases that are in breach of section 11(d).
_______________________________________________________________________
* Shrek.wikia.com. Gingerbread Man. n.d,
http://shrek.wikia.com/wiki/Gingerbread_Man (accessed April 20, 2014)
** Ontariocourts.com. Court of Appeal For Ontario. n.d,
http://www.ontariocourts.ca/decisions/2013/2013ONCA0678.pdf (accessed April 22, 2014)
*** Scc-csc.lexum.com. Judgements of the Supreme Court of Canada. n.d,
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/117/index.do (accessed April 23rd, 2014)
Section 12 of the Canadian Charter of Rights and Freedoms states that everyone has the right not to be subjected to any cruel and unusual treatment or punishment. This charter right is violated by Lord Farquaad and his government. Gingy was tortured and taunted by Lord Farquaad because he would not give him answers about the location of the other fairytale characters. As a result, Gingy was thrown into the trash.
Under the Canadian Charter of Rights and Freedoms s. 11 (d) protects individuals from being innocent until proven guilty. This right of Gingy's, was also violated by Lord Farquaad. During the movie, Gingy gets tortured and mocked into giving the location of the rest of the fairytale creatures. Lord Farquaad treats Gingy in a hostile, angry way because he thinks Gingy could have the answer. Lord Farquaad violated Gingy's right to be innocent by throwing him in the trash and ripping off his legs just because Gingy wasn't giving him straight answers.
Ontariocourts.com. Court of Appeal For Ontario. n.d,
http://www.ontariocourts.ca/decisions/2013/2013ONCA0678.pdf (accessed April 22, 2014)
Scc-csc.lexum.com. Judgements of the Supreme Court of Canada. n.d,
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/117/index.do (accessed April 23rd, 2014)
Shrek.wikia.com. Gingerbread Man. n.d,
http://shrek.wikia.com/wiki/Gingerbread_Man (accessed April 20, 2014)