Case Studies

Question 1

The Cheyenne Case

Answer 1

Historical establishment of boundaries for borrowing another person’s goods- early formation of legislature. First rule to disregard free utilization (social irresponsibility) in favour of legislature.

Question 2

Baker v. Canada

Answer 2

Although the convention on the rights of the child wasn’t legally binding (ratified, not implemented), the decision was ultimately made in the interest of Ms. Baker’s children, because ratifying the treaty meant Canada agreed to uphold values of protecting children

Question 3

Canada (Prime Minister) v. Khadr

Answer 3

SCC rules in favour of Khadr, whose interrogation by the Canadian government (and subsequent imprisonment) included major human rights violations- s. 7 of the charter- life, liberty, & security of person

Question 4

Christie v. York Corp

Answer 4

Reliance on civil code- SCC ruled that private establishments in Quebec are allowed to refuse service based on discrimination, on the basis of free enterprise. Questions of morality.

Question 5

R v. Dudley & Stephens

Answer 5

Issues of law and morality- despite Dudley & Stephen’s claim of defence of necessity to kill the boy, the law found each of them guilty of murder because they deprived the boy of an equal chance to live- temptation cannot excuse murder.

Question 6

R v. Latimer

Answer 6

Law and morality- Robert Latimer’s plead to defence of necessity in murdering his disabled daughter, Tracy, is dismissed- he made a voluntary choice & it was not a last resort

Question 7

R v. Labaye

Answer 7

Does a consenxual group-sex club constitute acts of indecency? the tolerance test- do the activities create a substantial risk of harm that exceed the community’s tolerance? Uses precedent of the butler case.

Question 8

R v. Butler

Answer 8

Court balances freedom of expression (s.2 of charter) with women’s rights. Tolerance test showed that the pornography being sold promoted severe degradation of women and substantial activities of harm– therefore defence of s. 2 charter is not applicable

Question 9

Roncarelli v. Duplessis

Answer 9

RULE OF LAW- premier Duplessis had no authority to cancel a liquor license, therefore his exercise of power was not sourced in a legal rule. Roncarelli was compensated for damages

Question 10

Reference Re Succession of Quebec

Answer 10

Supreme Court determines Quebec cannot unilaterally secede from Canada as it would violate the constitution on 2 grounds: federalism (s. 42) and the rule of law

Question 11

Re Rizzo & Rizzo Shoes Ltd.

Answer 11

SCC uses mischief rule to determine if employees who lost their job due to company bankruptcy are entitled to severance pay. What is the broad purpose of severance pay in the first place, what does legislature hope to achieve?

Question 12

R v. Mills

Answer 12

Dialogue btwn. courts and legislation- SCC determines that medical & counselling records of sexual assault victims CANNOT be disclosed to defendants in sexual assault cases (Bill C-46 is constitutional)

Question 13

Edwards v. Canada- the persons case

Answer 13

Lord Sankey (1930): constitution must be read in a broad and purposive approach, therefore women are recognized as “qualified persons” in s. 24 of constitution and able to run for senate

Question 14

The Somerset Case

Answer 14

Justice mansfield- is slavery legal under common law (can it protect Somerset’s rights?) Somerset is determined to be a free man in England and let go. However, the common law might be the only thing protecting his right to freedom- can be displaced by simple legislation.

Question 15

Saumur v. The City of Quebec

Answer 15

Issue of division of powers – rights protection under the charter. Municipal bylaw prohibiting the distribution of literature on the street (freedom of expression) is found unconstitutional bc/ freedom of expression realm belongs to federal level, not municipal

Question 16

Winnipeg CFS v. DFG

Answer 16

You cannot use common law, nor tort law, to detain/arrest a pregnant woman for harm to an unborn baby. Both parens patriae and the right to sue requires the plaintiff to be a legal person- an unborn fetus is not.

Question 17

Nixon v. Rape Relief

Answer 17

Rape Relief utilizes a public/private dichotomy to discount Nixon’s identity as a transgender woman. This is ironic because, for an organization that promotes themselves as feminist, their use of the dichotomy promotes inequity and patriarchy and further isolates transexual women in society

Question 18

Bliss v. Canada

Answer 18

Although women’s equality rights are upheld in the Canadian Bill of rights (1960), it is not constitutional. SCC rules that pregnant women are not entitled to same EI benefits as other women/men, human rights ignored.

Question 19

R v. Oakes

Answer 19

The Oakes test- famous analysis of the limitation clause in s. 1 of the charter, allowing limitations of rights/freedoms in the charter if limitation is due to a pressing & substantial objective

Question 20

Reference re Firearms Act

Answer 20

Reference question from Alberta court of appeal regarding division of powers of firearms legislation in the Canada, under the Firearms Act. Court upheld that the federal government has this power, because the law is under the realm of criminal law.