CLU3M Charter Debate: Position Paper on Waters & LaTour Case

This position paper analyzes the case of Waters & LaTour v. Ontario through the lens of the Canadian Charter of Rights and Freedoms. The paper argues that Waters, despite his smoking habits, is entitled to a lung transplant and equal medical attention, citing the right to life enshrined in section 7, equal protection and rights covered in section 15, and the illegality of age-based discrimination. The paper emphasizes that all Canadian citizens should be accorded equal rights and freedoms, including access to medical care, regardless of lifestyle choices. The paper also provides an overview of the Canadian Charter of Rights and Freedoms, its limitations, and the government's ability to restrict rights. The paper concludes by highlighting the importance of addressing negative aspects to ensure the Charter promotes the freedoms and rights of all people. References to relevant legal texts and academic sources are included.

Running Head: Charter
Debating the Charter
Name
Affiliation
Instructor
Date

2
Charter
Name: __________________
Debating the Charter
POSITION PAPER
CASE:__ Waters & LaTour v. Ontario_________________________________
OPENING PARAGRAPH
Everyone has the right to life as per the Charter. In this Case, Waters is being denied the right to life
especially by being refused a lung transfer by the government. Because of his age, it is worth noting
that he is also being discriminated against. The act of discrimination is against the principles that the
Charter stands for, (Cromwell & Gelinas, 2018, 37).
Hook: All human beings are accorded equal rights as spelled by the Charter, despite age, religion, social
status or gender.
Thesis: Waters is entitled to a lung transplant and equal medical attention like others.
Directional statement. The right to life is enshrined in section 7. Equal protection and rights are also
covered in section 15 and lastly, discrimination on the basis of age is illegal.

3
Charter
BODY PARAGRAPH
It is essential that a better understanding of the right to life is made. Despite one’s smoking
habit, he or she is entitled to the right to life especially by having a lung transfer thus improving
his chances of living. Secondly, discrimination should be avoided as this is enshrined in the
Charter as well as the constitution, (Downy, 2017, 11).
Evidence 1: waters is a Legal Canadian citizen and as such, all rights and freedoms enshrined in the
constitution, as well as the charters, should be accorded to him fully.
By virtue of being a citizen, all rights enshrined in the statutes should be accorded to him fully.
Concluding Sentence
Equal rights and freedoms should be accorded to all citizens. This is despite their age, sex religion or
social status in the society. More specifically, everyone has the right to get access to medical attention at
any given time. It is unfortunate that one’s lifestyle is judged at the expense of according him or her the
medical attention that is being sought after. It is on this premise that Mr. Waters should have equal
access to medication as well as a lung transfer that he has been yearning for.

4
Charter
Debating The charter
The Canadian Charter of Rights and Freedoms is also a part of the Constitution in Canada. This contains
basic rules that govern the country and its people with more focus being on human rights, duties, and
responsibilities. Most importantly, it guides the leaders on how the country can and should be operated.
For one to experience a democratic and free society, there must be the existence of freedoms and
rights. Some of these freedoms and rights include the right to have a democratic government, freedom
of expression, the rights of accused persons, right to live and work in the country, right to use the
country’s official language and the freedom to be part of a multicultural group and heritage. For this to
be achieved, it is essential for these elements to work in accordance with the constitution. Since 1982,
the Charter has been in force. Despite its strength, there are limitations to it because not all freedoms
and rights are contained in it. For maximum protection, these aspects are mainly contained in the
constitution. As such, they include the laws which deter discrimination, in accommodation and
employment, consumer protection laws, criminal law, and environmental laws.
It is also worth noting that the government can take away one’s rights at any given time. This depends
on one’s actions. In many occasions, rights such as freedom of movement can be hindered especially
when one is in custody for breaking the law. As stipulated by Section 1 of the Charter, rights can be
limited by the government as long as the limitations are reasonable.
Despite the positive aspect of the charter, there are negative aspects that come alongside it. For
example, noncitizens have been known to receive poor treatment, face discrimination and denied equal
opportunities. As such, these negative aspects have to be addressed so that the charter serves its main
purpose of promoting freedoms and rights of all people.

5
Charter
References
Downie, J., & Baylis, F. (2017). A Test for Freedom of Conscience under the Canadian Charter of Rights
and Freedoms: Regulating and Litigating Conscientious Refusals in Health Care. McGill JL &
Health S1, 11.
Cromwell, T., & Gelinas F, (2018). William Schabas, the Canadian Charter of Rights and Freedoms, and
International Human Rights Law. 37-40