Law Exam

What principle did the Magna Carta establish regarding the law and rulers?

Even rulers must obey the law.

What does the Rule of Law ensure in a society?

Everyone, including the government, must follow the law.

What is the Reasonable Limits Clause in the Canadian Charter?

Rights can be limited if those limits are reasonable and justified.

What does the Notwithstanding Clause allow government to do?

It allows governments to pass laws that override certain Charter rights.

What significant document did the United Nations adopt in 1948?

The Universal Declaration of Human Rights.

What is the significance of the Universal Declaration on Human Rights?

It establishes fundamental human rights for all people.

What does sovereignty mean in the context of a nation?

Supreme authority within a territory; independence and self-governing.

What is the primary focus of the Indian Act of 1876?

Governing matters related to Indigenous peoples in Canada.

What is the purpose of the Canadian Bill of Rights?

To protect human rights after Canada supported the UDHR.

What key rights does the Canadian Charter of Rights and Freedoms guarantee?

It protects a wide range of rights, including democratic, legal, and equality rights.

What does the Oakes Test assess in Canadian law?

Whether a law that limits a Charter right is justified.

Who was Jamal Khashoggi and why was his case significant?

A journalist whose murder exposed failures in the rule of law.

What age was Omar Khadr when he was captured and what was he accused of?

He was 14/15 and accused of throwing a grenade that killed a US soldier.

How does Common Law develop according to Canadian legal principles?

Through consistent judicial decisions and published case law.

How has British history influenced Canada's legal system?

It established common law principles and judicial independence.

What does Legal Formalism advocate for in the justice system?

Laws should be applied as clear, neutral rules without personal judgment.

What does Critical Legal Studies argue about the law?

The law often supports those in power and can cause injustice.

What does Feminist Jurisprudence focus on?

Examining how the legal system supports inequality for women.

What changes have occurred in Canadian law concerning impaired driving?

Harsher penalties were implemented due to shifts in societal values.

What did the R. v. Oakes case establish for Charter rights?

It established the Oakes Test for justifying limitations on rights.

How did the R. v. Butler case impact freedom of expression in Canada?

It established that freedom of expression could be limited for public concern.

What did the R. v. Big M Drug Mart ruling emphasize?

Protection of religious freedom and non-imposition of one religion's practices.

What was the outcome of the R. v. Keegstra case?

It upheld hate speech laws as justifiable limits on freedom of expression.

What did the R. v. Morgentaler decision affirm?

Women's rights to life, liberty, and security in reproductive matters.

What impact did Rodriguez v. B.C. have on assisted suicide discussions?

It laid groundwork for future legal decisions on assisted dying.

What did Roncarelli v. Duplessis demonstrate about civil rights?

It affirmed that common law could protect rights before formal protections were in place.

What did R v Hufsky conclude about individual rights and public safety?

It upheld limits on Charter rights for the sake of road safety.

What was the significance of Quebec v Ford regarding language laws?

It highlighted the balance between language regulations and freedom of expression.

How did M v H affect the recognition of same-sex couples?

The case led to equal legal rights for same-sex couples under the law.

What was the conclusion of Eldridge v. BC regarding public services?

Governments must ensure accessible services for individuals with disabilities.

What role did Andrew v Law Society of BC establish for ethical conduct in law?

The right to consider a lawyer's history when making reinstatement decisions.

R. v Oakes

David Oakes was charged with drug possession for trafficking

The law made him prove he didn’t intend to sell the drugs

He argued violated his right to be presumed innocent.

The SCC agreed that his rights were violated and said the law was unconstitutional

The law failed the test and the limitation on Oakes’ rights was not justified

Importance: Established the Oakes Test, which requires laws limiting rights to be justified, ensuring that rights under the Canadian Charter are protected

R. v Butler

In 1987, Donald Butler in Winnipeg was caught running a shop selling inappropriate videotapes, magazines, and sexual paraphernalia.

After the police shut down his shop, he found a way to reopen it.

In 1988, Butler was charged under the Criminal Code with multiple counts of selling sexual material and exposing it to the public.

He argued that his products were a form of self-expression, which falls under Section 2 of the Charter (Freedom of Expression).

However, this was also seen as a violation of Section 1 of the Charter, the Reasonable Limits Clause

In this case, the courts found that Butler’s freedom of expression could be limited

His materials were considered inappropriate for public viewing.

In 1992, the Supreme Court used the Oakes Test to decide whether the criminal ban on selling inappropriate materials violated freedom of expression.

The Court concluded that the restriction on freedom of expression was justified in this case.

At the time, there was growing concern about the spread of pornography and its harmful effects (particularly in promoting gender inequality)

Feminist groups argued that explicit materials that portrayed women in degrading or violent ways which was harmful to society

Importance: The use of the Oakes Test to determine that limiting freedom of expression was justified in cases involving harmful material, balancing individual rights with societal harm concerns.