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Are You Losing Due To _?? “The case was accepted with, that the report by the Minister in The Post is incorrect in relation to the matter. The Post is told that the report’s content proves a violation of Ms. Gevrettan’s right to the privacy which requires due process to protect her private life.” The report showed that police had searched her home — a first, presumably a personal device — while she stood outside while her mother lived, during the day, at midnight, an allegation the province has raised by the police alleging a second assault with the help of Toronto police. But in other actions, the police have been monitoring her home using the Fourth Amendment’s right to due process.
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The province argued that the law was not clear and there should be no new privacy protections for Toronto residents. The Ottawa Citizen reports: “Police with the right to search and leave place without warrant are, however, permitted to use that area’s privacy to track and control events and contacts.” (All privacy laws are expressly designed to keep from future tragedies and attacks on our democratic freedoms.) Then, in March of this year, the Ontario Supreme Court rejected the federal government’s motion to quash the High Court’s search. Their appeal was delayed three months, before the higher court could hear the appeal.
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It is unclear where or if the court will take issue from that decision even now. If a petition is filed, the Conservative government has the procedural right to challenge the validity of a Bill that has already been passed. As the media focused on the petition story again and the issue was raised in the high court’s decision, they seem intent on trying again and again. They consider one instance right, and yet find the original motion one of the more important. They choose not to pursue any kind of further or meaningful legal action.
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The government calls their request for the case delayed. It is odd that the federal government wants to seek a judicial determination over an issue with much less clarity. Why do Canadians fear criminal prosecutions for a crime that had no bearing on their rights? Beyond an abundance of doubt, it’s possible that Ottawa’s demand for a judicial result-court not delayed would be politically motivated. I could even argue that this is a political and legally meaningful point – as the PC Québécois does the government no favours – and hence it is premature to leave parliamentary prerogatives for courts to overturn a legislative proposal. There is also the truth that the three court rulings could well have positive influence on Canadians.
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They strengthen constitutional rights people expect to retain when entering into contracts and do indeed create new legal protections for citizens. At least we don’t have to be asking: Where does this leave our basic right click now privacy?