Cases to know Flashcards
“Did 6 Mill Really Die” pamphlet was published in the R.v.____________ case.
Zundel
How did Zundel try to argue out of his case? Was he successful?
Zundel tried to argue that section 181 of the CCC violated his freedom of speach right under s.2(b) of the charter. He was unsucessful as the court found him guilty of spreading false information about a specific group of people.
The R.v.Keegstra case determiend that the infringment of ones freedom of expression (s.2b) was justifiable under s.1 of the charter and charged Keegstra for doing what action?
Alberta teacher case.
Section 319(2) of the criminal code, willfully promoting hatred against a specific group.
Explain the R.v.Morgentaler case.
Morgentaler was a doctor tried because he ran a clinic that allowed women to get abortions without the needed paperwork. This case helped women fight against abortion laws and to remove them in Canada due to them infringing on womens rights to securitytheir person.
The R.v. Oakes outcome created what?
A two-step procedure used for all cases when trying to identify if a government action infringes on a person’s right under the charter.
Explain the Brooks v. Canada Safeway Ltd case.
Canada Safeway had an insurance policy that exploded pregnant women.
3 pregnant women were denied benefits in 1982 and filed a complaint on the basis of sex discrimination.
The SCC ruled that pregnancy discrimination was a form of sex discrimination.
Decided women should not be economically or socially disadvantaged due to being pregnant.
Why is the Brooks v. Canada Safeway case a landmark case?
Reflected a model of equality for women’s lives.
Describe the Roncarelli v. Duplessis case.
Duplessis was the premier of Quebec and catholic, Roncarelli was a Jehovah witness and restaurant owner.
Duplessis didn’t like Jehovahs witnesses and secretly removed/revoked Roncarellis liqueur licence and charged Roncarelli for not having one.
During trail the court found out what Duplessis had done and he was charged instead for abuse of power.
Why is the Roncarelli v. Duplessis case a landmark case?
It shows that no one is above the law, not even a premier.
Why was Brown pulled over in the r v. Brown case?
Give cops answer and Browns answer.
Cop: Brown was swerving outside the lines (slightly) and was over the speed limit (by ten kilometres).
Brown: Cop pulled up next to Brown when driving and followed him. Pulled him over because he was a black man driving a nice car.
What happened when the police pulled over Brown?
Brown was given a roadside screening test that he failed, this caused him to be taken to a police station.
Brown was then charged under s. 253 of the CCC.
Brown argued that his s.9 charter rights were violated.
Why did Brown argue his s.9 charter rights were violated and what occurred because of that?
Brown argued he was pulled over due to racial profiling and appealed his charge under s.24.
- this removed the breath test from the evidence.
Without the breath test he could not be charged for impaired driving but just driving over the speed limit.
Why is important about the R.V.Brown case?
Reaffirms the importance of procedural fairness and how do argue racial profiling in a case.
