Criminal Constitution Cases Flashcards
1
Q
O’Grady v. Sparling
A
- Allowed provincial HTA and the federal CCC to drive/exist side by side
- Both define offences
- Ruled it did not violate federal criminal law and constitution paramountcy
2
Q
Firearms Reference Case (2000)
A
- Found the federal registry of long guns was not a constitutional invasion of provincial jurisdiction (on property and civil rights)
- Could be justified under the federal criminal law power
3
Q
Margarine Reference Case (1949)
A
- Found the federal government could not encroach on provincial constitutional powers over property and civil rights
- Not by requiring a criminal sanction of a fine/jail sentence
4
Q
R. v. Ruzic
A
- Statutory requirements under s.17 of CC (duress defence) was struck down as unconstitutional
- Was an infringement of s.7 of the Charter
5
Q
R. v. Malmo-Levinne
A
-The Narcotics Control Act would NOT be struck down because the government couldn’t prove risk of harm of marijuana
6
Q
R. v. Oakes
A
- Posession of drugs automatically led to charge of possession with intent to traffic
- Was up to the accused to prove there was no intent to traffic
- Infringed s.11(d) of Charter (presumption of innocence)
- that part of the Narcotics Control Act was removed (automatic charge added no longer in effect)
7
Q
R. v. Keegstra
A
- “Holocaust never happened” to students
- Promoting race hatred (argued it infringed s.2(b) of Charter
- Justified under s.1 of Charter (protect free/democratic society)
8
Q
R. v. Mack
A
- Drug entrapment/harassment
- Tried to argue entrapment violated s.11(d) of Charter (presumed innocent) - failed
9
Q
R. v. Sue Rodriguez
A
- Physician assisted suicide
- Violation of s.15 of Charter (equality)
10
Q
R. v. Bedford
A
- Prostitution
- Many Charter violations
11
Q
R. v. Morgentaller
A
- Abortion
- Violates s.7 of Charter (life, liberty and security of the person)
12
Q
R. v. Big M Drug Mart
A
- Religion (ability to work on Sundays)
- Violates s.2(a) of Charter (right to religion)
