  
PROBLEMS The following pages contain a number of problems that have been prepared for class discussion. It should be stressed that there is no such thing as a "right" answer to these problems. Rather, they are designed to help the student think more deeply and relevantly about the kind of issues that they will inevitably have to face as citizens of Canadian democracy. 1. Assuming that the police have reasonable grounds to believe that a bomb will soon explode in a particular house from which the owner and occupants are temporarily absent, they forcibly enter without a warrant and, instead of finding a bomb, they stumble over the corpse of a murdered man. Should they be able to use the corpse as evidence in the subsequent murder trial of the home owner? 2. The police obtain a warrant to enter a home to look for the corpse of a murdered man and find instead some stolen jewellery in a kitchen drawer. Should they be able to use the jewellery as evidence in a theft charge against the homeowner? 3. Following the arrest of the homeowner, the police question him in custody and accompany it by a severe beating. In response, the homeowner admits his involvement in the theft and even tells the police where the remainder of the stolen jewellery is located (under a certain floor board in the museum) and the police subsequently find it there. At the trial of the homeowner, how far, if at all, should the prosecution be able to introduce into evidence the admissions which the accused man made during his interrogation? 4. During the time the homeowner is in pre-trial custody after the interrogation, the police plant an informant (a bogus prisoner) in his cell to whom the homeowner repeats his admission of involvement in the theft. How far, if at all, should the prosecution be able to introduce into evidence this admission in the homeowner's subsequent theft trial? 
5. Following the homeowner's release on bail, the police equip a professional undercover man with a bodypack tape, recorder and instruct him to win the accused man's confidence. How far, if at all, and subject to what safeguards, should the police be allowed to engage in this kind of I spying and to what extent I should they be able to use as evidence whatever comments the accused man makes in these circumstances?
6. The police also seek to plant a wiretap on the homeowner's residence telephone which he normally shares with his innocent wife and three innocent teenaged children. How far, if at all, and subject to what safeguards, should the wiretap be legally permissible? 7. Dr. Lou Natic is told by a psychiatric patient of a planned hijacking at the city's airport. If the doctor alerts the authorities, should he be subject to professional discipline or a civil lawsuit at the instigation of his patient? 8. If the doctor fails to alert the authorities and the hijacking takes place resulting in the death and wounding of several passengers, should he then be subject to such discipline or a civil lawsuit at the instigation of the injured passengers or their executors? 9. Suppose Dr. Natic is asked to testify for the accused at a robbery trial? His evidence, gleaned from a therapeutic encounter, will show that the chief witness for the crown is a pathological liar. To what extent should the doctor's evidence be compellable or admissible? Moreover, how far, if at all, should the doctor be subject to discipline if he volunteers his testimony? 1O. To what extent, if at all, is it appropriate to impose involuntary confinement on prostitutes who continue at their trade despite the knowledge that they are HIV-positive? 11. To what extent, if at all, is it appropriate for school authorities to remove HIV-positive teachers and elementary students? 12. To what extent, if at all, should life insurance companies have the right to inquire whether life insurance applicants are homosexuals or intravenous drug users, and if they are, to what extent should the companies be able to require that they undergo an HIV-antibody test and disclose the results of it? 13.To what extent, if at all, is it appropriate for medical personnel who are administering blood tests for other reasons to conduct surreptitious HIV antibody tests, without recording the persons' identities, to be used only for epidemiological purposes? 14.To what extent, if at all, should doctors be allowed - or required - to tell the spouses of those who have tested positive for the AIDS virus? 15. Aunt Sally's family wishes to have her committed 
to a mental institution in order to cure her of the delusion that she is the Queen of England. Apparently, certain drugs could significantly reduce such symptoms within only a few weeks. To what extent, if at all, and, subject to what safeguards, should her relatives be able to succeed?
16. Two doctors, having examined a man, recommend prostate surgery, warning that, although death is far from imminent, his condition could deteriorate seriously if the defect is not corrected soon. The patient refuses to undergo the surgery on the grounds that he has been "commanded" not to do so by his "superiors" in another galaxy. To what extent, if at all, should this man be subject to compulsory corrective surgery? 17. To what extent, if at all, should the penitentiary officials be empowered to force feed a mentally competent prisoner who has decided, because he has nothing to live for, to "fast until death"? 18. Through the use of new techniques in aversion therapy, behaviour modification experts have been experiencing some success in curing child molesters of their propensities. Among other things, the therapy involves attaching electrodes to the patient's body during periods when he is watching pictures on a screen. When the images of children appear, the electrodes produce unpleasant shock sensations. According to the experts, consistent exposure to such treatments has been known to produce favourable results. In view of these successes, to what extent, if at all, should such therapy be imposed - or offered - to child molesters who have been jailed because of criminal offences in respect of such behaviour? 
19. The police wish to bug the telephone and hotel room for the two week period during which a Westerner, suspected of Mafia activities (drug trafficking, gambling, and prostitution), will be staying in Toronto. To what extent, if at all, would you let them do it?
20. Should it be permissible for the police to bug the telephone and the home of a person who, they reasonably believe, may know the whereabouts of a recently kidnapped child? 21. The proprietor of one of the city's leading department stores wishes to bug the store as a way of supervising his sales personnel during store hours and to identify the perpetrators of break-ins after store hours. To what extent, if at all, would you let him do it? 22.The police wish to bug the telephones and the homes, for about three months, of four local people who, they reasonably believe, to be organizing a local chapter of the violence-prone Black Panther Party. To what extent, if at all, should such bugging be permissible? 23. A bitter but legal strike is in its fourth day at Tex Tile's, Toronto's leading manufacturer of woollen goods. Because of the heavy unemployment situation, the company is able to recruit an almost full complement of employees to replace the strikers. This recruitment has taken place among impoverished public housing tenants, despite 100 angry pickets patrolling the sidewalks adjacent to the plant. The bitterness on the picket line is growing. Angry pickets are jeering and cat-calling every time someone crosses the picket line. Five of the pickets have been arrested and charged with common assault arising out of their attempt to stop new recruits from entering. Management, the new recruits, and the public are fearful of serious violence and injury to property. To bolster support for the strike, the Union wishes to undertake additional action.
Consider whether, to what extent, at what point, and in what manner such activities should, if at all, be permissible? 24. To what extent, if at all, should it be permissible for 
a speaker in Hide Park to tell an audience of 100 non-Jewish strangers that a "Jewish" conspiracy is threatening to take over the world"? Would it make any difference if the audience were composed mainly of Jews?
25. The following is an extract of a television interview on a Toronto TV station. The interviewee is I. M. Burning, a young revolutionary. Q: How do you intend to win social justice for the workers? A: There is no tactic, no instrument, no weapon I would not use to liberate the workers from the capitalist system. Q: Does this include violence? A: Certainly, it includes everything, it excludes nothing. For centuries, the capitalists have used violence to suppress the working class. Why can't the workers use violence to liberate themselves from the capitalists? Q: Are all capitalists bad? A: The capitalist is the scum of the earth. The only capitalist worthy of the workers' trust is the one who would pick up a gun and help us shoot down the capitalist system. Q: Do you mean that literally or just figuratively? A: I mean it literally. Under Canadian law, the crime of sedition applies to a person who "advocates the use of force as a means of accomplishing a governmental change within Canada". Is Mr. Burning guilty of a seditious offence? To what extent, if at all, should this sedition provision be changed? 26. To what extent, if at all, does the compulsory publication of major financial contributors to political campaigns encroach improperly on the secret ballot? 27. A group of 50 homosexual men gather in Nathan Phillips Square at noon. For 1/2 hour they conduct a demonstration which includes kissing and holding hands. The police arrest them for performing indecent acts. What should be the result? Suppose one of the demonstrators is dismissed from his position as an elementary school teacher for "setting such a bad example to his students"? Should the dismissal stand? 28. A pro-government MPP is charged with a criminal offence for allegedly taking a bribe in connection with his public duties. After the charge is laid, but before the case is heard, the government dissolves the legislature and calls an election. The Toronto Moon newspaper publishes an editorial setting out its investigation of the bribery episode in an effort to persuade the voters to defeat the accused MPP. The MPP charges the newspaper with contempt of court for undermining his right to a fair trial. What should be the result? 
29. Believing that former Toronto mayor Paul Bearer had embezzled money, the police obtained a warrant to enter and search his home to look for certain documents linking him to the crime. In fact, however, the police found no such evidence; indeed, further investigation completely absolved Mr. Bearer of any suspicion. Two years later, someone else wound up charged with the offence. But, because of Bearer's prominence in the community, the Toronto Moon newspaper ran a front page story on the raid. In consequence, many people believed, for two years, that he must have committed the offence in question.
In response to such situations, the government introduces a bill to prohibit the media from publishing or broadcasting the names and locations of search warrant targets unless the affected persons consent or they are charged with an offence. The leader of the opposition is determined to redress cases like those of nurse Susan Nelles who suffered terrible publicity after being wrongly charged with the murder of babies at Toronto's Sick Childrens' Hospital. Accordingly he proposes an amendment to prohibit such publications or broadcasts until and unless a conviction is registered. How far, if at all, and why do you agree or disagree with the government and opposition proposals? 30. There is an undoubted consensus in favour of some form of freedom of information law. Most people also appear to agree that some government documents should be exempt from public disclosure. But the most difficult exercise is to determine precisely which documents should enjoy such exemption. The government requests your opinion as to whether the law should exempt the following documents:
31. A "pro-life" organization sets up a picket line of 20 people in front of Dr. Morgan Taylor's new abortion clinic. While scrupulously avoiding any physical obstruction, the pickets carry signs containing the words: "Abortion is Murder". Within the first week of such demonstrating, there is evidence that, of the 60 women seeking the clinic's abortion services, a dozen withdrew and went home. They preferred not to subject themselves to the hostile signs and facial expressions of the pickets. In an effort to strengthen their impact, the pickets adopt the following measures:
Dr. Morgan Taylor and a group of his supporters go to court and apply for injunctions restraining both the picketing and the actions in (a) to (d). How far, if at all, should they succeed? 32. The student council at Eastern University proposes a code of ethics which contains, inter alia, the following provision: During the course of extra-curricular activities, no member of the university community shall demean other members of the university community on the basis of race, creed, colour, sex, ancestry, nationality, or place of origin. To what extent will this provision command your support? In any event, indicate to what extent the following should be permissible:
33. In safety-sensitive jobs such as airline pilots, locomotive engineers, and truck drivers, there will be mandatory urine tests for drugs administered to all new employees and random urine tests to incumbent employees. Those refusing to be tested will be subjected to dismissal and those testing positive will be required to participate in an employee-assistance program designed to overcome the propensity to use drugs. At the completion of the program, those refusing to be tested or testing positive will be subject to dismissal. To what extent, if at all, is this program acceptable?
34. To what extent, if at all, would it be permissible to suspend or revoke licences for establishments that serve the public if the licence holder permits drug dealing to go unchecked on the premises? 35. To what extent, if at all, should tenants in apartment houses be subject to eviction in the event that they and/or their co-residents are convicted of drug related offences? 36. To what extent, if at all, should those convicted of dealing in drugs from their automobiles be subject to the suspension or cancellation of their drivers' licences? 37. To what extent, if at all, would it be permissible to amend curfew laws so that those under 16 years of age will not be allowed to wander in public places after 10 p.m. instead of after midnight as the law now provides? 38. To what extent, if at all, should students suspended from school for drug related offences on school property be barred from returning to school unless they are participating in a treatment program? 39. If an unwed mother applies for welfare, to what extent, if at all, should she be required to disclose to the welfare authorities the identity of the child's father? 40. To what extent, if at all, should deserted wives be required to take legal action against their husbands for the support of the children as a condition of obtaining welfare? 41. Should a person be entitled to a welfare allowance if his unemployment is attributable to the fact that he is on strike from the only reasonably available job? 42. Should a person be entitled to a welfare allowance if he refuses to accept available employment on the basis that to do so would entail crossing a picket line and "scabbing" on the jobs of other people? 43. Should the welfare administrators be entitled to require, as a condition of 
granting a welfare allowance, that a candidate for welfare cut his hair in order to be more attractive for job opportunities?
44. Should a Toronto bachelor be entitled to welfare assistance if he refuses to take an otherwise satisfactory job in Kenora because of his involvement in the Toronto Singles Club? 45. A regulation provides that 16 and 17 year olds who leave home can be denied welfare if the administrator believes that it is not in their best interests to live apart from their parents. To what extent do you agree with this regulation? 46. There is a complaint from a group of parents against the teaching of Margaret Laurence's book, The Diviners, because the book allegedly contains too many four-letter dirty words. To what extent, if at all, should the school remove the book from the curriculum and even from its library because of such parental objections? 47. In the aftermath of a grade 10 English class devoted to Shakespeare's, The Merchant of Venice, a number of students physically attack their Jewish classmates. Since the Shylock character has often provoked such anti-semitic incidents, a Jewish organization requests the school to stop teaching The Merchant of Venice or, at least, to move it to the older grades where the presumably more mature students would be better able to handle such material. To what extent, if at all, should this request succeed? 48. A high school history teacher tells his class that the Nazi holocaust against the Jews of Europe was nothing but an enormous hoax conceived by the "international Jewish conspiracy" in order to generate sympathy and finances for the State of Israel. To what extent, if at all, should this teacher be subject to discipline for teaching such material in his classroom? Suppose the teacher does not introduce such subjects in class but publishes several books in the community at large where he expresses these views? Would this make a difference to the way you would handle the situation? 49. A group of parents complains that Darwin's theory of evolution is being taught in biology class as a possible explanation for human development. In order to be fair, the parents argue, the religious beliefs surrounding creation as an act of God should also be taught in the biology class. To what extent, if at all, do you agree? 50. Males of the Sikh faith are required by their religion to wear a turban and carry a kirpan or ceremonial dagger 
on their persons. Some schools won't allow turbans to be worn because they wish to enforce a "no hats" rule for everyone. They fear that such exceptions would create disrespect for their rules. These schools also forbid the kirpan because it could be used as a weapon. Although there have been no instances of Sikh students attacking others with their kirpans, the schools concerned do not wish to incur such a risk. What position do you take on these issues?
51. In order to counteract an increase in drug dealing on the high school premises, the principal arranges for specially trained police dogs to go into every class and walk by all of the lockers, sniffing for drugs. Whenever a dog's behaviour indicates a potential problem, the principal orders the affected students to empty their pockets, wallets, and remove their shoes and socks. The principal also searches the lockers under suspicion. To what extent, if at all, should the principal's actions be permissible? 52. A number of Jewish and Muslim parents tell the Ontario government that elementary fairness requires the government to support their separate religious day schools in the same manner as it finances the Catholic separate schools. To what extent, if at all, do you agree? 53. A 10 year old girl in grade 4 comes to school wearing a t-shirt displaying a map of Palestine together with a hand holding a Palestinian flag and the proclamation "Palestine - We Fight For Our Rights". A number of Jewish teachers in the school complain that this t-shirt offends the school's policy on the promotion of violence and the girl is sent home to change her shirt. But the child's parents send her back to school wearing the same t-shirt because they say it celebrates the family's Palestinian heritage. The girl is then suspended from school until she agrees to stop wearing the t-shirt. To what extent, if at all, do you agree with this suspension?
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The Fundamentals Of Our Fundamental Freedoms -- The Booklet Contents |
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who complied with government efforts at conciliation; and
