Podcast Beta
Questions and Answers
What was the significance of the R v Oakes case?
R v Keegstra allowed the use of Freedom of Speech as a defense for hate speech.
False
What was the outcome of R v Morgentaler regarding abortion services in Canada?
Abortion was deemed a constitutional right.
The Supreme Court case ___ v Canada allowed inmates to vote in federal elections.
Signup and view all the answers
Which case highlighted the intersectional challenges of black Muslims in Canada?
Signup and view all the answers
Match the case to its significance:
Signup and view all the answers
The Supreme Court ruled in M v H that the Family Law Act was constitutional.
Signup and view all the answers
What did the Oakes test determine?
Signup and view all the answers
What was the main aim of The White Paper introduced by Prime Minister Pierre-Elliot Trudeau in 1969?
Signup and view all the answers
The Gladue Report is prepared by judges to recognize the racism within the justice system.
Signup and view all the answers
What significant change did the Immigration Act of 1976 introduce?
Signup and view all the answers
The __________ clause gives parliaments the ability to override certain areas of the charter to enforce or enact laws.
Signup and view all the answers
What does the Reasonable Limits Clause help determine?
Signup and view all the answers
Match the following concepts with their descriptions:
Signup and view all the answers
The use of the Notwithstanding Clause during the CUPE strike in 2022 was seen as appropriate.
Signup and view all the answers
The Gladue Report aims to curb the __________ of Indigenous people in the justice system.
Signup and view all the answers
Study Notes
The Oakes Test
- Created as a result of the R v Oakes case, where Oakes was charged with drug trafficking based on the assumption from police.
- Used to determine the constitutionality of laws.
Freedom of Speech
- R v Keegstra case involved a public school teacher who denied the Holocaust and argued for freedom of speech protection.
- Freedom of speech cannot be used as a shield for hate speech.
Security of the Person
- The R v Morgentaler case ruled that abortion was a constitutional right, protected under the guarantee of security of the person.
- Carter v. Canada case expanded the application of security of the person to include the right of competent adults to end their suffering.
- Security of the person guarantees bodily autonomy and protects individuals from undue physical harm, punishment, or suffering.
Freedom of Religion
- The R v Big M Drug Mart case challenged the Lord's Day Act, which prohibited commercial activity on Sundays.
- The law was deemed unconstitutional, as it violated the freedom of religion.
Right to Vote
- Sauvé v Canada case allowed inmates to vote in federal elections.
Mobility Rights
- Abdelrazik v Canada case highlighted the intersectional challenges faced by Black Muslims in Canada.
- The case involved a Canadian citizen who was prevented from returning home due to suspicion of terrorism, violating his mobility rights.
- The government has a responsibility to ensure the return of its citizens.
Equality Rights
- M v. H, a 1999 case, established the right of same-sex couples to be recognized as common-law spouses under the Charter's equality provisions.
Indigenous Rights
- The White Paper aimed to remove the Indian Act and assimilate Indigenous Peoples.
- The White Paper failed to recognize the unique status of Indigenous Peoples and has been deemed ineffective.
Immigration Policy
- The Immigration Act of 1976 introduced a point system to evaluate potential immigrants' contributions to Canada.
- Prioritized merit-based immigration over factors like skin color.
Criminal Justice System
- The Gladue report addresses the over-representation of Indigenous Peoples in the criminal justice system.
- Aims to recognize systemic racism and provide culturally appropriate sentencing recommendations.
Labor Rights
- The CUPE Strike of 2022 saw the use of the notwithstanding clause to override workers' right to protest and force them back to work.
- The strike highlighted concerns about labor rights and the misuse of the notwithstanding clause.
Right to Life
- The right to life is the principle that human beings have the right to live and should not be killed.
- Often used in legal arguments as a counter to the security of the person clause, particularly concerning matters related to abortion and assisted dying.
The Notwithstanding Clause
- Used to override certain sections of the Charter to enforce or enact laws.
- Intended for provinces to implement laws aligning with their unique values but has been controversially misused.
The Reasonable Limits Clause
- Balances individual rights with societal needs.
- Used to determine the constitutionality of laws under the Oakes Test.
- Recognizes the potential misuse and abuse of rights if not subject to reasonable limitations.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge of key Canadian constitutional law cases like R v Oakes and R v Keegstra. This quiz covers subjects including freedom of speech, security of the person, and freedom of religion, providing insights into their implications in law. Challenge yourself and see how well you understand these pivotal legal decisions!
