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Rights and Freedoms.

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


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
  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.



  1. 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.
  2. 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

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?



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.


Canadian Charter of Rights and Freedoms.

Canada Labour Code.

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