The Veena Sethi case in the mid 1980s revealed the treatment of prisoners with mental ailment and their long imprisonment for periods running from sixteen to thirty years in custody, far in overabundance of sentences given in the vast majority of these cases—without presenting to them any substantive relief past discharge from illegal custody and transport and sustenance costs till they achieved home. That was some time before there was a cognizance or political enunciation of the rights of people with disabilities—which essentially today incorporates civil and political rights for prisoners with…
Facts: The accused was driving his car without the required laminated taillights when officers pulled him over late October 2004. The police asked Shankar for his licence, registration, and insurance. The accused handed over a licence in the name of Jason Singh, the insurance information handwritten on an informal yellow sticky note, and a photocopy of the vehicle registration. When inquired about the spelling of name, Shankar misspelled Singh as ‘Sing’ and gave the wrong unit number for the home address. Based on these wrong answers, officers arrested Shankar on the basis of misleading them; officers physically removed Shankar from the vehicle and searched him. The officers discovered bulletproof vests on Shankar’s person, Shankar justified these on the basis of self defence and protection. When searching the vehicle police found numerous weapons including two guns, a hunting knife, and ammunition. Shankar did not testify in court, and was charged and convicted of two counts of possession of loaded, prohibited firearms and public mischief. Shankar appealed his conviction to the Ontario Court of…
2. How does John’s outlook about receiving help affect his ability to get his needs met?…
Dehghani v. Canada: The appellant, a citizen of Iran, arrived in Canada on May 13, 1989, and claimed refugee status. After being questioned in the primary examination line, he was referred to a secondary examination, which involved a long wait, and, as he did not speak English, an interpreter was provided for him. At the secondary interview, the appellant omitted significant facts. This case involves two issues that are worthy of analysis, as he claims, first of all, that he was detained in a manner that violated s. 10(b) of the Canadian Charter of Rights and Freedoms during the secondary examination at the airport and, also, that this examination violated his right to counsel. The Supreme Court upheld the decision of the lower court and dismissed the appeal. This decision substantiated the right of the state to have an interest in controlling entry into the country and that it is a valid procedure for individuals to undergo questioning when crossing international borders. After the secondary examination, the appellant was advised of his right to counsel to aid him in pursing his claim and he was subsequently represented by counsel in federal court. While having counsel is a crucial right, this case substantiates that it is not appropriate to all circumstances. Counsel is not provided for routine traffic stops. Likewise, the Court is justified in ruling that it is not required for routine immigration questioning.…
This case was brought before the Supreme Court of Canada, after a failed appeal in the Court of Appeal, issues concerning whether the non-universal proclamation of S. 234.1 of the Criminal Code infringed on the right to equality before the law, as outlined in S. 1 (b) of the Bill of Rights, the second issue raised in the lower courts was whether the random stopping of cars by police officers infringed on the right not to be arbitrarily detained described by S. 9 of the Charter of Rights and Freedoms, and another major issue raised in the lower courts was whether Mr. Hufsky’s rights were infringed upon…
Zinn, R., and P. Brethour. 1999. Law of Human Rights in Canada: Practices and Procedures. Aurora: Canada…
"Canadian Council for Refugees." A Hundred Years of Immigration to Canada 1900. N.p., n.d. Web. 12 June 2013.…
3. The Immigration and Refugee Board is subject to a right to statutory appeal as per section 62 and section 63(1)…..63(5) of the Immigration and Refugee Protection Act.…
Rule: For the past forty years it has been the rule that liability belongs only to the…
There have been numerous legal responses to asylum seekers in Australia, all of which have been ineffective in achieving fair outcomes for both Australian citizens and refugees seeking asylum in Australia. The basis for all legislation regarding refugees in Australia is the Migration Act 1958, which outlines powers such as being able to cap the number of refugees accepted into Australia each year, and defines a refugee as somebody “being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion”, which is written according to the United Nation’s definition.12 Since then a number of amendments and additions have been made to this act, including the Migration Amendment Act 1992, Pacific Solution, Migration Amendment (Abolishing Detention Debt) Act 2009 and the Regional Resettlement Arrangement (RRA) Australia and Papua New Guinea. All of these legal responses to the issue of asylum seekers in Australia have proven ineffective as they fail to achieve fair outcomes for either those seeking asylum in Australia or the present citizens of Australia.…
Harshad Mehta aka Deep Chhaya was an Indian stockbroker and is alleged to have engineered the rise in the BSE stock exchange in the year 1992. Exploiting several loopholes in the banking system, Mehta and his associates siphoned off funds from inter-bank transactions and bought shares heavily at a premium across many segments, triggering a rise in the Sensex. When the scheme was exposed, the banks started demanding the money back, causing the collapse. He was later charged with 72 criminal offenses and more than 600 civil action suits were filed against him. He died in 2002 with many litigations still pending against him.…
In special reference No.1 of 2002 , Re, (Gujarat assembly election matter) , the debate in the constituent assembly on article 85 and 174 was looked into. Khare, J .(as the learned chief justice then was) referred to kesavanandabharti case in support of the proposition that the constituent assembly debates are permissible aids in construction to ascertain intention to the constitution. The learned judge observed as follows :…
I greatly acknowledge the courtesy of my International Humanitarian Law & Human Rights faculty Mr. Rhishikesh Dave for his assistance and encouragement for preparing the present project. I am greatly thankful to him for his guidance and support for completing this project. I would like to thank the library staff of Gujarat National Law University for providing me with the reference facilities and helping me in preparing this project.…
Overview of Refugees Situation in India................................................................................... 1 Roadblocks to Formulating a Law.............................................................................................. 4 The Refugee Law and Its Benefits.............................................................................................. 6 Conclusion and Recommendations............................................................................................ 9…