Exam Cases

Question 1

R. v. Brown - Charter Section

Answer 1

Section 15(1) - Equality Rights

Question 2

R. v. Brown - Reason for Violation

Answer 2

David Brown argued systemic racial profiling during his interaction with police, leading to an unfair arrest.

Question 3

R. v. Brown - Limitations

Answer 3

No explicit limitations on Section 15 apply; systemic bias cannot justify discrimination under the Charter.

Question 4

R. v. Latimer - Charter Section

Answer 4

Section 7 - Life, Liberty, and Security of the Person

Question 5

R. v. Latimer - Reason for Violation

Answer 5

Robert Latimer argued the mandatory life sentence for ending his disabled daughter’s life violated his Charter rights.

Question 6

R. v. Latimer - Limitations

Answer 6

The court upheld the sentencing, balancing the right to life against the protection of vulnerable individuals.

Question 7

R. v. Stinchcombe - Charter Section

Answer 7

Section 7 - Right to Full Disclosure

Question 8

R. v. Stinchcombe - Reason for Violation

Answer 8

The prosecution failed to disclose key evidence, violating the accused’s right to a fair trial.

Question 9

R. v. Stinchcombe - Limitations

Answer 9

Disclosure obligations may be limited if the evidence is privileged or irrelevant, but this was not the case here.

Question 10

R. v. Patrick - Charter Section

Answer 10

Section 8 - Unreasonable Search and Seizure

Question 11

R. v. Patrick - Reason for Violation

Answer 11

The police searched Patrick’s garbage without a warrant, violating his reasonable expectation of privacy.

Question 12

R. v. Patrick - Limitations

Answer 12

The court ruled that once garbage is abandoned, privacy expectations diminish, so the search was lawful.

Question 13

R. v. Oakes - Charter Section

Answer 13

Section 11(d) - Presumption of Innocence

Question 14

R. v. Oakes - Reason for Violation

Answer 14

The ‘reverse onus’ in the Narcotics Control Act violated the presumption of innocence.

Question 15

R. v. Oakes - Limitations

Answer 15

Section 1 limitations require such laws to be reasonable and demonstrably justified, which was not met here.

Question 16

B. (R.) v. Mann - Charter Section

Answer 16

Section 7 - Right to Liberty

Question 17

B. (R.) v. Mann - Reason for Violation

Answer 17

A social worker’s decision to apprehend a child without proper judicial authorization violated parental rights.

Question 18

B. (R.) v. Mann - Limitations

Answer 18

Courts must weigh the child’s best interests against parental rights under Section 7.

Question 19

R. v. Keegstra - Charter Section

Answer 19

Section 2(b) - Freedom of Expression

Question 20

R. v. Keegstra - Reason for Violation

Answer 20

Keegstra’s conviction for promoting hate speech restricted his freedom of expression.

Question 21

R. v. Keegstra - Limitations

Answer 21

Section 1 allows reasonable limits on free speech when it promotes hate or societal harm.

Question 22

R. v. Burlingham - Charter Section

Answer 22

Section 10(b) - Right to Counsel

Question 23

R. v. Burlingham - Reason for Violation

Answer 23

Burlingham was coerced into confessing without full access to legal counsel.

Question 24

R. v. Burlingham - Limitations

Answer 24

Any police action that undermines legal counsel access cannot be justified under Section 1.

Question 25

R. v. Sinclair - Charter Section

Answer 25

Section 10(b) - Right to Counsel

Question 26

R. v. Sinclair - Reason for Violation

Answer 26

Sinclair argued that police failed to allow additional consultation with counsel during interrogation.

Question 27

R. v. Sinclair - Limitations

Answer 27

The court ruled once initial legal counsel is provided, further access is limited unless circumstances change.

Question 28

Vriend v. Alberta - Charter Section

Answer 28

Section 15(1) - Equality Rights

Question 29

Vriend v. Alberta - Reason for Violation

Answer 29

Alberta’s legislation excluded sexual orientation, denying Vriend protection against workplace discrimination.

Question 30

Vriend v. Alberta - Limitations

Answer 30

The court found no justification under Section 1 for excluding sexual orientation from equality protections.

Question 31

R. v. Stillman - Charter Section

Answer 31

Section 8 - Unreasonable Search and Seizure

Question 32

R. v. Stillman - Reason for Violation

Answer 32

Police obtained DNA evidence without proper consent, violating the accused’s right to privacy.

Question 33

R. v. Stillman - Limitations

Answer 33

Evidence obtained unlawfully may still be admissible under Section 24(2) if it does not bring the justice system into disrepute.

Question 34

R. v. Polasheck - Charter Section

Answer 34

Section 8 - Unreasonable Search and Seizure

Question 35

R. v. Polasheck - Reason for Violation

Answer 35

Police exceeded the scope of a search warrant, violating Polasheck’s reasonable expectation of privacy.

Question 36

R. v. Polasheck - Limitations

Answer 36

Searches must strictly adhere to the warrant’s terms to avoid breaching Charter rights.

Question 37

R. v. Golden - Charter Section

Answer 37

Section 8 - Unreasonable Search and Seizure

Question 38

R. v. Golden - Reason for Violation

Answer 38

Golden was subjected to an invasive strip search without proper authorization or justification.

Question 39

R. v. Golden - Limitations

Answer 39

Strip searches are only lawful if they are justified and conducted with sensitivity to dignity.