poli exam Flashcards

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1
Q

resonable limits

A

s.1 the Canadian charter of rights and freedom guarantees the right and freedoms set out-subject to such reasonable limits by law.

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2
Q

Oakes test: two parts

A

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.

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3
Q

charter section 15 (1)

A

every individual is equal before the law
everyone has right to equal protection and benefit of the law without discrimination

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4
Q

section 15 in the acc

A

analogous grounds: characteristics like enumerated grounds
immutable
unrelated to merit
group clearly defined historically disadvantaged

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5
Q

dred Scott v. Stanford

A

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”

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6
Q

missouri compromise

A

no-violated rights to own property

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7
Q

plessy v. Ferguson

A

light skin man on the train gets kicked for being in a white only area- gets arrested (segregation)

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8
Q

brown v. board of education

A

reversed plessy out lawed segregation

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9
Q

desegregation

A

poesy: equality of access
brown: segregation unequal in both access and substance

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10
Q

affirmative action

A

overcome disadvantaged and discrimination certain groups in society experience

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11
Q

how to implement affirmative action

A

places hiring more black people to make things more inclusive and equal

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12
Q

quebec secession

A

ask court for a legal opinion about the constitution
can Quebec succeed unilaterially under domestic and international law what one takes precedence

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13
Q

court decision

A

nothing in domestic or international law supports secession

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14
Q

made it so both sides declared victory

A

used political question doctrine
relied on non legal factors

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15
Q

baker v Carr

A

sc rejects political question doctrine and gets courts can intervene to prevent vote dilution through gerrymandering

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16
Q

Reynolds v. sims

A

equal protection 1 person= 1 vote

17
Q

archer v. daggett

A

congress districts sizes that vary by less than 1% may still be unconstitutional
example of judicial activism

18
Q

egan v. canada

A

sexual orientation is an anogoulas ground

19
Q

viend v. alberta

A

government must outlaw discrimination on bias of sexual orientation

20
Q

m v. h

A

spouse common law must include same sex couples

21
Q

bowers v. hardwick

A

upheld gorgias sodomy ban

22
Q

Lawrence v. texas

A

overturns bowers consenting adults sex protected by 14 th

23
Q

romer v. evans

A

strikes down part of coloureds constitution that allowed discrimination against homosexuals the amendment was motivated by hate

24
Q

Dobbs

A

6-3 vote, trumps 3 appointments shifted the vote, 14th penumbras do not protect women’s control over own body, no more rights to abortion

25
Q
A