|Wednesday, 07 April 2010 14:35|
Charter of Rights court cases
Did you know that there have now been SEVERAL Court decisions in Victoria resulting from the controversial Charter of Human Rights and Responsibilities.
Do you recall that some people say that a proposed federal Charter of Rights won't be used to give judges more¬† power by allowing them¬†to analyse the 'rights' issue and¬†make judgements about whether a law "matches" the Charter?
Several of the decisions have come from the Victorian Civil and Administrative Tribunal, one from the Supreme Court and one¬†from the Supreme Court acting as the¬†Court of Appeal.
Some of the legal cases¬†involving the Charter have¬†focused on the issue of housing - even though a 'right to housing' or 'homelessness' are not covered by¬†the Charter. In some cases the Tribunal found that the PRIVACY of the person was the issue!
The following article notes "The charter provisions mean that even people living in public housing illegally may cite human rights concerns when challenging the government's move to evict them."!
Media Report: Human rights trump public housing eviction¬†- The Age, April 6, 2010
This article lists FIVE significant legal decisions using the Charter of Human Rights and Responsibilities.
The latest decision by the Court of Appeal¬†found that a law designed to stop drug trafficking is in breach of the Charter. The Court of Appeal ruled that the human rights of a drug trafficker were breached because she had a prove that a large quantity of amphetamine found in her flat did not belong to her. [In this case, the boyfriend admitted they were his and said she had nothing to do with it ...]
Despite the ruling about the Charter, the¬†three Court of Appeal justices found that she was properly convicted but ruled that the remaining 16 months of her sentence be suspended!
Media Report: Drug law at odds with human rights rules Victorian Court of Appeal, AAP, March 18, 2010.¬†¬†