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Reading in new Charter rights

June 3, 2008 by Andrea Mrozek Leave a Comment

The rights business in full bloom: Abortion, sexuality, shooting up? This is precisely, I’m sure, what the creators of our Charter intended.

But I like the main point of Wente’s article. We should indeed deliberately attach stigma to certain behaviours. If something is considered dishonourable, or unethical–why not just say that? And make it harder for people to participate in those activities–without using the Charter or the law? (Which may actually dilute morality in any case, “forcing” people to do something or not do something based on legality takes away the strength of character which calls us to do or not do for simple reasons of right and wrong.) I’m rambling now, though, and not sure where this all will conclude, so I’ll stop. Read Wente’s piece, it’s entirely coherent.

_____________________________

Tanya can ramble, too: The article notes

If safe shooting is a right, then shouldn’t every addict be entitled to it? Toronto’s more progressive politicians are hopeful. “We already have a lot of safe consumption sites in the city of Toronto,” Councillor Gord Perks pointed out. “They’re called bars.”

Great, is this gonna mean cigarette smokers will have a charter right to get their fix indoors, too? (They might argue that it isn’t safe to smoke outdoors during 40 below weather in just a cardigan or sport coat.) Did we just accomplish the opposite? I’m so confused.

Filed Under: All Posts Tagged With: drugs, Margaret Wente, shooting up, The Charter

Muddy waters

May 4, 2008 by Tanya Zaleski Leave a Comment

Self-proclaimed feminists express worry for the rights of a pregnant woman to use illegal drugs.

One of the most dangerous consequences of Bill C-484 is…that it muddies the water regarding the potential for prosecuting pregnant women who use drugs. Pregnant women who use drugs already face tremendous stigma and marginalization; many such women fail to access medical services in fear of having their children removed from their care.

Where to begin…

Is enabling a woman to continue her drug use, especially while in a pregnant state, really doing her a favour? Are we a backwards society for enforcing the protection of children? Is this all about the fact that a man can’t get pregnant, so he can harbor a drug addiction more easily than a woman? Is this a question of equality of the sexes? And finally, are you serious?

in many U.S. States pregnant women who use drugs are criminally charged with child abuse before the child is born and are incarcerated on the basis of protecting the foetus.

Canada’s drug laws are such that we place the bulk of penalties on dealers. To compare this to U.S. laws is to ignore everything we already know about Canada’s Controlled Drugs and Substances Act.

Judges have considerable discretion in sentencing offenders under the CDSA. Sentences may take into account aggravating factors such as selling drugs to children, using or involving children under 18 years in the commission of the offence or selling drugs in or near schools or school grounds, or other public places where youth frequent.

If anything, C-484 may mean tougher sentencing for offenders who sell drugs to pregnant women. Who wouldn’t want to see that? Other than drug dealers, that is.

Filed Under: All Posts Tagged With: C-484, drugs, pregnant

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