Canadian Administrative Law – Application of Charter of Rights and Freedoms to Case

Canadian Administrative Law – Application of Charter of Rights and Freedoms to Case

  • Introduction

The Canadian Charter of Rights and Freedoms guarantees civil rights to Canadian people from actions and policies from different government officials and agencies. This is designed to unify all the Canadians around a given set of principles, which embody these rights. Most of the rights given in this charter can be exercised by any legal person. As such, the responsibilities and actions of those in authority is regulated and limited by the Canadian administrative law to ensure that the civil rights flourish in a more livable environment. Embedded in the Canada Charter, are the dictates of procedural fairness often regard to as “bedrock of administrative law”. This rights confers upon individual variety of procedural entitlements including audi alteram partem (right to hear the other side) and nemo judex in sua propria causa debet esse (not judging an individual in their own case) (Rights, 2008). Given the prominence of individual rights to every Canadian citizen, the ensuing analysis of Ausma case sheds lights on different legal address entitled to Canadians.

2.0 Analysis of Ausma Immediate Dismissal from Job

According to the Canada Mayor in Council process of appointment, terms and condition of the appointment is regulated by the Order in Council. It sets out whether the position appointee is supposed to hold the office for a tenure of “good behavior” or “during pleasure” (Act, 2012). When the appointment tenure is according to the latter basis, the appointee can be removed at the Mayor of the council’s discretion. Ausma was appointed “at pleasure” for a two years renewable terms. Based on this, the action by the Mayor of the town of Sylvia’s Corners, issue handwritten note indicating that Ausma……………………………

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