Exam Cases Flashcards
R. v. Brown - Charter Section
Section 15(1) - Equality Rights
R. v. Brown - Reason for Violation
David Brown argued systemic racial profiling during his interaction with police, leading to an unfair arrest.
R. v. Brown - Limitations
No explicit limitations on Section 15 apply; systemic bias cannot justify discrimination under the Charter.
R. v. Latimer - Charter Section
Section 7 - Life, Liberty, and Security of the Person
R. v. Latimer - Reason for Violation
Robert Latimer argued the mandatory life sentence for ending his disabled daughter’s life violated his Charter rights.
R. v. Latimer - Limitations
The court upheld the sentencing, balancing the right to life against the protection of vulnerable individuals.
R. v. Stinchcombe - Charter Section
Section 7 - Right to Full Disclosure
R. v. Stinchcombe - Reason for Violation
The prosecution failed to disclose key evidence, violating the accused’s right to a fair trial.
R. v. Stinchcombe - Limitations
Disclosure obligations may be limited if the evidence is privileged or irrelevant, but this was not the case here.
R. v. Patrick - Charter Section
Section 8 - Unreasonable Search and Seizure
R. v. Patrick - Reason for Violation
The police searched Patrick’s garbage without a warrant, violating his reasonable expectation of privacy.
R. v. Patrick - Limitations
The court ruled that once garbage is abandoned, privacy expectations diminish, so the search was lawful.
R. v. Oakes - Charter Section
Section 11(d) - Presumption of Innocence
R. v. Oakes - Reason for Violation
The ‘reverse onus’ in the Narcotics Control Act violated the presumption of innocence.
R. v. Oakes - Limitations
Section 1 limitations require such laws to be reasonable and demonstrably justified, which was not met here.
B. (R.) v. Mann - Charter Section
Section 7 - Right to Liberty
B. (R.) v. Mann - Reason for Violation
A social worker’s decision to apprehend a child without proper judicial authorization violated parental rights.
B. (R.) v. Mann - Limitations
Courts must weigh the child’s best interests against parental rights under Section 7.
R. v. Keegstra - Charter Section
Section 2(b) - Freedom of Expression
R. v. Keegstra - Reason for Violation
Keegstra’s conviction for promoting hate speech restricted his freedom of expression.
R. v. Keegstra - Limitations
Section 1 allows reasonable limits on free speech when it promotes hate or societal harm.
R. v. Burlingham - Charter Section
Section 10(b) - Right to Counsel
R. v. Burlingham - Reason for Violation
Burlingham was coerced into confessing without full access to legal counsel.
R. v. Burlingham - Limitations
Any police action that undermines legal counsel access cannot be justified under Section 1.
