- Law Assignment Help Online
- Hire Canadian Law Assignment Writers and Say Goodbye to the Struggle!
- What is Administrative Justice?
- Types of Administration of Law
- Introduction to Polygamy Under Canadian Criminal Law
- What Does Section 293 of Canada’s Criminal Code State?
- Sample Marketing Management Question and Answer
- What makes our online law assignment writers the best?
- What if you get some free services from our Law assignment help Canada?
- You Can Take Our Law Assignment Help with Various Law Topics and Subjects!
- Students in Canada vouch for our online law assignment help for a variety of reasons
- Frequently Asked Questions
Law Assignment Help Online
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Many complications can arise in a successful academic journey. One of them is the inability to write assignments at the right time. For students facing such an issue in their academic life, we, Allassignmenthelp.com provide instant and professional law assignment help for cheap. Allassignmenthelp.com is trusted by thousands of students making us the top-rated professional law homework writing service. You can hire an academic law writer for your college assignment in Canada. We have a specialized service for students in Canada with their law assignments. Read further to find out about how you can hire an expert, what you can expect from our online assistance, and what makes us the preferred online assignment writing website for students in Canada.
Hire Canadian Law Assignment Writers and Say Goodbye to the Struggle!
There are plenty of branches of Law which makes it arguably, the toughest subject to write upon. Students deal with various problems in their academic year which makes it hard for them to submit the assignment, and dissertations at the given time. Given below are some of those reasons why students fail on delivering the assignments, and if anyone of them seems familiar to you, then our Canadian law homework help can surely help you get out of the mess.
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What is Administrative Justice?
Administrative law is the corpus of legislation that controls how government organizations are run and regulated (both federal and state). The procedure used to carry out a government's legal system is known as the administration of justice. All persons using the judicial system are presumably expected to receive justice as a result of such administration. One of the most important aspects of our democracy is the administration of justice, which serves to deter and punish criminal activity, protect the public from damage, provide detention and rehabilitation services, and, eventually, guarantee equal justice for all people through the legal system. This Rule of Law must be followed by every member of society, including the government and its three branches: the legislature, the judiciary, and the executive.
Types of Administration of Law
Justice is divided into two categories: civil and criminal. Therefore, civil and criminal wrongs are the two categories of wrongs. Civil wrongs are private, but criminal wrongs are public.
Civil Justice: The primary goal of the administration of civil justice is to offer the injured party relief through financial compensation or other forms of remedies. There are two categories of rights that can be enforced through civil proceedings: primary rights and sanctioning rights.
Criminal justice: Criminal justice is administered with the intention of punishing the perpetrator. When a person is determined to be legally responsible for a crime, punishment can be defined as the imposition by a state authority of a consequence that is typically seen as a bad thing (such as jail or death).
Introduction to Polygamy Under Canadian Criminal Law
Polygamy is considered to be illegal in Canada under Canadian Criminal Code (Canadian Criminal Code- R.S.C., c. C-46, section 293, 1985). A woman comes before the Court and asks the Court to declare her polygamous marriage valid and also asks to remove any prohibition which prevails against polygamy and further asks for the issuance of the marriage license in her favor of polygamous marriage. She contends before the Court that the prohibition so laid on the polygamous marriage is derogatory and in detrimental to the freedoms so enshrined under section 2 of The Canadian Charter of Rights and Freedoms, 1982 (The Canadian Charter of Rights and Freedoms- CONSTITUTION ACT, 1982).
What Does Section 293 of Canada’s Criminal Code State?
Section 293 of the Criminal Code reads:
(1) Everyone who
(a) practices or enters into or in any manner agrees or consents to practice or enter into
(i) any form of polygamy, or
(ii) any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage, or
(b) celebrates, assists or is a party to a rite, ceremony, contract, or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii), is guilty of an indictable offense and liable to imprisonment for a term not exceeding five years.
Evidence in case of polygamy
(2) Where an accused is charged with an offense under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to, or consented to be necessary for the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.
Sample Administrative Law Question and Answer
Case Study and Assignment Steps: Polygamy is illegal under Canadian Criminal Code. The woman asks the court to declare the prohibition against polygamy in the code inapplicable to her and to order the clerk to issue a marriage license. She argues that the prohibition offends the Charter because it violates her freedoms of religion, expression, and association under s.2 of the Charter. The government concedes that the prohibition against polygamy in the code and the clerk's refusal to issue a marriage license violate s.2 of the Charter. However, it claims that the infringement is justified in a free and democratic society under s.1 of the Charter.
What test will the court apply in determining whether the violation of s.2 of the Charter is "saved" by s.1? Apply the test to the fact situation: explain what the government needs to establish to defend against the allegation that this section of the Criminal Code violates the Charter. For this analysis, you need to apply also your common sense and understanding of the role of marriage in society and related its other aspects.
1-Find and list the statutory and/or any other sources that you will need to consider for this assignment. ensure correct citation.
2-Identify the test and discuss briefly its components.
1- So, the applicable statutory authority for this particular case study is the Canada Criminal Code and also The Canadian Charter of Rights and Freedoms, 1982 (The Canadian Charter of Rights and Freedoms- CONSTITUTION ACT, 1982).
2- The test to be applied in this instance is the Oakes Test named after the landmark decisions in R v Oakes (R. v. Oakes, 1986) and also in Alberta v Hutterian Brethren of Wilson Colony (Alberta v Hutterian Brethren of Wilson Colony, 2009), where the Court outlined the two-stage tests to determine the violation of Charter so infringed can be justified or at least made reasonable under section 1 of The Canadian Charter of Rights and Freedoms, 1982 (The Canadian Charter of Rights and Freedoms- CONSTITUTION ACT, 1982). To be eligible to apply for the Oakes test, there must be a pressing need and also some substantial objective for any government action, and the mean so chosen to achieve the objective must be in accordance connected in such a way that it is rational to create the limitation on the rights provided under The Canadian Charter of Rights and Freedoms, 1982 (The Canadian Charter of Rights and Freedoms- CONSTITUTION ACT, 1982) and also the limit so created must minimally cause the impairment given under The Canadian Charter of Rights and Freedoms, 1982 (The Canadian Charter of Rights and Freedoms- CONSTITUTION ACT, 1982), and fully proportional to the burden based on the rights so claimed by the claimant, to maintain the existence of the equilibrium between the beneficial limit so imposed to its effect and thereby uplifting proportionality.
Supreme Court of British Columbia (Reference re: Section 293 of the Criminal Code of Canada, 2011) held that the limitation if provided on polygamy is considered to be the reasonable imposition of limitation under section 1 of the Charter i.e. (The Canadian Charter of Rights and Freedoms- CONSTITUTION ACT, 1982), and further concluded that the fate of polygamy is harmful to society, since, it contributes to both physical and psychological harm to the society at large. Canada is under the obligation to uphold the directions provided by the International Covenant on Civil and Political Rights (United Nations Human Rights Commission, 1976), International Covenant on Economic, Social and Cultural Rights (United Nations Human Rights Commission, 1976), Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination Against Women (United Nations Human Rights Commission, 1981), and also the Court found in (Reference re: Section 293 of the Criminal Code of Canada, 2011), that these above- mentioned treaties only also prohibited polygamy in one way or the other. The judge in the case of (Reference re: Section 293 of the Criminal Code of Canada, 2011), emphasized that section 7 of the (Canadian Charter of Rights and Freedoms- CONSTITUTION ACT, 1982), which secures the right to life, liberty, and the security of the individuals, is not justified by section 293 and that particular section essentially failed to explain the limitation and finally held that the word everyone used in section 293 will exclude the children in the age group of 12 to 17 years.
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Frequently Asked Questions
Question 1. Do you Provide Assignment help related to Administrative law and charters under Canadian Criminal Law?
Answer 1. Yes, we provide help related to the relation of administering justice to the Charter of Canadian Criminal Law.
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