poli exam Flashcards
resonable limits
s.1 the Canadian charter of rights and freedom guarantees the right and freedoms set out-subject to such reasonable limits by law.
Oakes test: two parts
legal test created by the Supreme Court of Canada in the case R v Oakes (1986). R v Oakes provided the Court with the opportunity to interpret the wording of section 1 of the Charter and to explain how section 1 would apply to a case.
charter section 15 (1)
every individual is equal before the law
everyone has right to equal protection and benefit of the law without discrimination
section 15 in the acc
analogous grounds: characteristics like enumerated grounds
immutable
unrelated to merit
group clearly defined historically disadvantaged
dred Scott v. Stanford
attempted to buy freedom several times but denied
was sold and bought to a free state and territory Missouri compromise “slaves in free state are still property”
missouri compromise
no-violated rights to own property
plessy v. Ferguson
light skin man on the train gets kicked for being in a white only area- gets arrested (segregation)
brown v. board of education
reversed plessy out lawed segregation
desegregation
poesy: equality of access
brown: segregation unequal in both access and substance
affirmative action
overcome disadvantaged and discrimination certain groups in society experience
how to implement affirmative action
places hiring more black people to make things more inclusive and equal
quebec secession
ask court for a legal opinion about the constitution
can Quebec succeed unilaterially under domestic and international law what one takes precedence
court decision
nothing in domestic or international law supports secession
made it so both sides declared victory
used political question doctrine
relied on non legal factors
baker v Carr
sc rejects political question doctrine and gets courts can intervene to prevent vote dilution through gerrymandering