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Does this Act violate charter rights?

freshest1

TRIBE Member
I am critiquing the new Youth Drug Detoxification and Stabilization Act - saskatchewan provincial ledgislation-and was going to argue that it violates Charter rights.

Essentially the Act does “Under the Youth Drug Detoxification and Stabilization Act, parents or guardians of youth aged 12 to 17 can ask a judge to assess them to determine whether they need involuntary care to stabilize their health.”

my question is whether this provincial acts can trump charter rights?

The hole act: http://www.oipc.sk.ca/Web Site Docu...cation and Stabilization Act - March 2006.pdf
 
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ndrwrld

TRIBE Member
scary hole.
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AdRiaN

TRIBE Member
freshest1 said:
Essentially the Act does “Under the Youth Drug Detoxification and Stabilization Act, parents or guardians of youth aged 12 to 17 can ask a judge to assess them to determine whether they need involuntary care to stabilize their health.”
The Charter does not apply to minors.
 

judge wopner

TRIBE Member
freshest1 said:
I am critiquing the new Youth Drug Detoxification and Stabilization Act - saskatchewan provincial ledgislation-and was going to argue that it violates Charter rights.

Essentially the Act does “Under the Youth Drug Detoxification and Stabilization Act, parents or guardians of youth aged 12 to 17 can ask a judge to assess them to determine whether they need involuntary care to stabilize their health.”

my question is whether this provincial acts can trump charter rights?

The hole act: http://www.oipc.sk.ca/Web Site Docu...cation and Stabilization Act - March 2006.pdf

the provincial YDDS Act would have to first challange Saskatchewan's provincial Charter of human rights. though its probally almost the same as teh federal charter.

no acts "trump" the charter of human rights in the sense that the charter underscores subsequent laws. if elements of this drug act are found contrary to the charter of rights and freedoms then yeah the charter would find it unlawful.

though id iimagine this new act was drafted with the guiding principles of the charter in mind. this is similar to the provincial guidelines for interming or instituting a person on the grounds of psychiatric disfunction or if they present as a threat to themselves or others. kids under the legal age of 18 usually are not classed exactly the same as adults with respect to internment for health reasons, so yeah i dont see from a topical review how a judge couldnt on the parents wishes consider "locking them up" if they have a serious addiction that presents a tangible threat.

thats assuming the parents are fit to go before a judge and ask !!! :D
 
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freshest1

TRIBE Member
AdRiaN said:
The Charter does not apply to minors.
holy geebus.. this is great news. Thanks dude. ill try and fight the hippies in the political room in return for this info.
 
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Boo

TRIBE Member
Can we not commit a mentally unstable person to protect their health?

And if you ground a child, does that contrvene their charter rights?
 
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