Rights and Freedoms.

UNION SIDE CASE ARGUMENT

Select Union or Management side and answer the following questions.

1. Summarize your opening statement.
2. Identify the strength and weakness of your case.
3. What questions could you ask in cross examination to assist in the presentation of your case.
4. How does the Oak and Dore test impact your position with respect to the no contact order.
5. What legal arguments would you make with respect to the discipline imposed.

Opening Statement

The Canadian Charter of Rights and Freedom confers on individuals the right to exercise
freedom and association. The no-contact order violates Detective Sarah Conor’s privacy and

UNION SIDE CASE ARGUMENT

2
infringes on her rights to freedom and association. Ms Conor should not have been punished
for exercising her rights. Canada’s Department of Criminal Justice provides that no-contact
orders may be issued at any stage in the criminal justice system until the offender has served
his or her sentence. Mr Walter White has already served his term for the offenses committed
and the police have no obligation to issue a no-contact order once the criminal justice process
is complete.

Strengths of the case

1. The Canadian Charter of Rights and Freedom protects individuals by allowing them
   the right to freedom and association. Ms Connor has the right to associate with Mr
   White without interference from the department. Individuals also have a right to
   privacy.
2. No-contact orders apply during the criminal justice process as provided by Canada’s
   Department of Criminal Justice. By placing a no-contact order, the Police department
   violates Mr White’s right because he has already completed his term.

Weaknesses of the case

1. Ms Conor failed to honor orders from her employer. Disobedience counts as work
   misconduct and her employer could use this as a defense for suspending and
   demoting her.

UNION SIDE CASE ARGUMENT

3

2. In 2014, used PRIME police database to check Mr White’s criminal record. This was
   later discovered and Ms Conor reprimanded in writing for using PRIME for personal
   reasons. Ms Conor already has a record of misconduct.
3. The police use their intelligence to identify factors that may influence security and
   case proceedings. In this case, Mr White’s intentions are unknown and there is a
   possibility that he wants to take advantage of Ms Conor’s position to influence case
   proceedings.

Cross examination questions examples

1. In March 2014, Sergent Benson was assigned to the Professional Standards Unit of
   the department. Is that correct?
2. On March 12, 2014, Ms Conor approached Sergent Benson to ask for advice about
   dating an individual who has a criminal record, correct?
3. We can therefore state that Ms Conor was very open with her relationship with Mr
   White, right?
4. The Agrestic Police Department Policy and Procedure I.C.75 which explains safety
   concerns for Agrestic Police department does exist, right?
5. It is also true that the policy, despite being available has never been circulated to
   employees, correct?
6. On April 22, 2014, the Chief received Mr Wood’s investigative report, correct?
7. The report by Wood indicated that Mr White no longer had contact with any known
   criminals and was therefore not a security concern. Is that true?
8. On April 21, despite having a report on Mr White’s clean criminal record, you went
   ahead and maintained the order against Ms Conor. Right?

UNION SIDE CASE ARGUMENT

4

Oak and Dore test

The Oak and Dore test does not impact my position with regard to the no contact order. This
is because there is a pressing objective in regard to the violation of Canadian Charter of
Rights and Freedoms. Secondly, the means is proportional, given that there is a rational
connection between the means to the objective, a minimal rights impairment exists and
proportionality exists between the objective and right infringement.

Legal arguments

In regard to the discipline imposed, I would make an argument based on the labor law, which
calls for progressive disciplinary action and disciplinary actions that are proportional to the
misconduct. The Canada Labour Code is a basis for argument and Section 36.1(1) provides
that disciplinary action should only be imposed with a just cause. The Canadian Charter of
Rights and Freedom also gives individuals rights to freedom of expression and association.

References

Canadian Charter of Rights and Freedoms.