(November 22, 2010 at 12:13 pm)Shinylight Wrote: That law is so outdated.
Indeed. But the more arguable point is that it is unconstitutional; according to the Canadian Charter of Rights and Freedoms, Canadians have not only "freedom of conscience" but also "the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice" as well as "the right to the equal protection and equal benefit of the law without discrimination." As Justice Bertha Wilson described it (R. v. Clay, 2003), the right to liberty touches upon "the core of what it means to be an autonomous human being blessed with dignity and independence in matters that can be characterized as fundamentally or inherently personal."
- R. v. Clay, 1 S.C.R. 30 (2003).
- Canadian Charter of Rights and Freedoms, s. 2(a), 7, and 15, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c.11.
Man is a rational animal who always loses his temper when
called upon to act in accordance with the dictates of reason.
(Oscar Wilde)
called upon to act in accordance with the dictates of reason.
(Oscar Wilde)