Cases Flashcards
What was the main issue in R v. Oakes (1986)?
Whether the presumption of innocence in Section 11(d) of the Charter was violated by a law that shifted the burden of proof onto the accused.
What is the Oakes Test?
A test established to evaluate if a law limiting Charter rights can be justified under Section 1, requiring:
* A pressing and substantial objective
* Proportionality in the limitation
What impact did R v. Oakes have on Canadian law?
It became the standard for evaluating whether a law that infringes a Charter right can be justified under Section 1.
What was the issue in Multani v. Commission scolaire Marguerite-Bourgeoys (2006)?
Whether a school’s policy banning religious symbols violated a student’s freedom of religion under Section 2(a) of the Charter.
What conclusion did the Court reach in Multani v. Commission scolaire Marguerite-Bourgeoys?
The school’s ban on wearing a kirpan was found to violate the student’s religious freedom.
What was the impact of the Multani case?
Reinforced that religious freedom must be protected unless the restriction is justifiable under Section 1.
What issue was addressed in R v. Keegstra (1990)?
Whether criminalizing hate speech infringed on freedom of expression under Section 2(b) of the Charter.
What was the Court’s decision in R v. Keegstra?
The Court upheld the law, finding that hate speech restrictions were justifiable under Section 1.
What impact did R v. Keegstra have on freedom of expression?
Clarified that freedom of expression can be limited if the expression harms others or society in a significant way.
What was the issue in Mann v. Canada (2004)?
Whether search and seizure procedures under Canadian law violated the right to be free from unreasonable search and seizure (Section 8).
What conclusion did the Court reach in Mann v. Canada?
The search violated Section 8 as it was not properly authorized.
What impact did Mann v. Canada have on privacy rights?
Solidified the protection of privacy rights under Section 8, stressing that searches must comply with legal standards.
What was the issue in R v. Tessling (2004)?
Whether the use of thermal imaging technology to detect heat from a private property violated Section 8.
What did the Court find regarding thermal imaging in R v. Tessling?
The use of thermal imaging did not violate Section 8 as it did not constitute a ‘search’ under the Charter.
What was the impact of R v. Tessling on privacy rights?
Clarified what constitutes a search under Section 8 and helped define the boundaries of privacy rights in the digital age.
What was the issue in Rodriguez v. British Columbia (Attorney General) (1993)?
Whether the criminal prohibition against assisted suicide violated the right to life, liberty, and security of the person under Section 7.
What conclusion did the Court reach in Rodriguez v. British Columbia?
The prohibition on assisted suicide did not violate Section 7, justifying the restriction for government’s interest in protecting life.
What impact did Rodriguez v. British Columbia have on personal autonomy?
Raised important questions about personal autonomy under Section 7 but confirmed that governments can restrict certain rights.
What issue was addressed in R v. Butler (1992)?
Whether the criminalization of obscene materials violated freedom of expression (Section 2(b)).
What conclusion did the Court reach in R v. Butler?
Obscenity laws could limit freedom of expression under Section 2(b) for the objective of protecting societal values.
What was the impact of R v. Butler on freedom of expression?
Refined the application of Section 1 to freedom of expression in the context of harmful or obscene materials.
What was the issue in Vriend v. Alberta (1998)?
Whether Alberta’s human rights legislation, which did not include sexual orientation as a prohibited ground of discrimination, violated equality rights under Section 15.
What was the Court’s ruling in Vriend v. Alberta?
Sexual orientation should be included in Alberta’s Human Rights Act, affirming equality rights under Section 15.
What impact did Vriend v. Alberta have on LGBTQ+ rights?
Strengthened equality rights under Section 15 by expanding protections to include sexual orientation.
