Quiz 1 Flashcards
R v Sharma
Over imcarcimatiom of aboriginals
Glad he court
Conditional sentencing
Single mom with daughter and boyfriend
Pressured to travel drugs by bf
Pleads guilty question of sentencing
Offence with no criminal sentence
Mandatory minimum PM Harper in 2012
Charter 7 and 15
Ruled AGAINST Sharma
R v Kirkpatrick
Sec consent
Stealthing
Sex with then remove condom without knowing
Is it fraud like Hutchinson poke hole on condom
IS SEXUAL ASSULT
Dismiss appeal and new trial needed
BC v Council of Canadian with disabilities
Access to justice
Unanimous public interest standing decision
Constitution challenge in mental health legislation in BC
If need med, do you have to?
Murray Hall v Quebec
Drugs
Vannabus legislation
Quebec ban on processing/cultivating cannabis is CONSTITUTIONAL
Quebec can make own laws against federal
Quebec state monopoly to regulate and profit
Not conflicting federal unites court
Canadian council for refugees v Canada
Same third country case
Section 7 and 15
US is safe third country
Seek protection in whichever country they enter first
Cooperate in examining refugee status claims
Entry from US not eligible
Fraser v Canada
RCMP members in job sharing can’t get pension payback
Whether violates section 15
Majority thinks sexist
Feminist say most in job sharing are women so this is systematically discriminating
Failed claim
Job sharing isn’t disadvantage based on sex gender family status
Ontario v Maple Leaf foods inc
Private law
Class action
Mr sub individual franchises sue mlf for eco loss after listeria outbreak cause loss business and rep
Obligated to use mlf due to franchise contract
Court ruled MLF DOESNT owe
Not successful sue
R v Desautel
Charged after shooting elk
Doesn’t live in Canada but US
Section 35 hunt elk because it was his community’s land before
Yes he should hunt and no charge
R v Chouhan
No violation of section 11 to trail by jury
Found guilty of first degree murder
Abolish peremptory challenges (both sides control over choosing jury)
He said no non white people fr
IS constitutional because blud was being racist💀💀 so obviously won’t allow.
He was like blabla I should be able to choose judges but then based it off of race?!
Greenhouse gas pollution pricing act
Three provinces challenge
Saskatchewan Ontario and Alberta
Whether GGPPA constitutional
Paris agreement
Is it natural resources or peace and order good government
Sections 91 and 92
Did it exceed federal jurisdiction
Is constitutional
Canada v Vavilo
Are children of Russian spies allowed citizenship
SC said refusing his citizenship is wrong and unjust he should be able to renew
Genetic non discrimination act
Criminalized forcing genetic tests and sharing results to sign a contact
Example you have a family history of disease that makes you higher risk of using insurance
Quebec said unconstitutional
Supreme court said it was constitutional
Araya v Nevsun
Canadian mining company for treatment of workers
Court said victims case proceed in courts of BC
Workers said nevsun salved and forced labour cruel unusual degrading treatment
Eritrean
Uber v Heller
Class action lawsuit
Un negotiable contract
Issues independent contracter rather than employees who fall under employment standards act
Go to Netherlands at own expense for any problems with Uber
SC sided with heller, arbitration agreement invalid
Imbalance of power
Marxist would eat this up
R v Ahmed
Entrapment
Romeo sell drugs over phone
Went undercover and arrested
Williams jay sell drugs arranged deal 11 days later month later arrested
SC judges said Ahmed wasn’t entrapped
Majority says he was
Proper reasoning police powers
Protests and minorities targeted for arrests
Frank v Canada
Canada elections act
Person absent from Canada for less than five consecutive years to return to Canada as resident cannot vote
No right to vote
Frank and duong it was violating section 3 right to vote
It ISNT violating section 3
Majority allowed appeal
R v Barton
Indigenous woman sec worker dead in athroom
Charged with first degree milder
Blood loss to vagina. Wall
Unlawful manslaughter
He said accident
Denied sharp object
Hoeyly believed consent
Judge made errors
Wanted trial for unlawful manslaughter not first degree murder
R v Le
Without warrant into backyard
Officers didn’t know what accused looked like
Greeted fine men and questioned
Le angling body to conceal
Officers gave orders block exist
Mr le arrested of weapons trafficking drugs
Appeal police have no right to breach reasonable expectation if privacy under section 8
SCC charter 9 breached
Not guilty
R v Boudreault
Guilty of crime pay mandatory victim surcharge
Cruel and unusual punishment
Not nexxesary to consider whether surcharge also violated section 7 of chatprter
Law society of bc v trinity western university
Law school
Christian ideals
Law society regulate lawyers in professional interest
Appeal allowed
Not accredit reasonable
Consider minority rights and sexual diversity in legal profession
Conclude negatively impact on equality rights
Rankin v JJ
Teens drinking alcohol provided by mom of one
Stole cars parked in garage
Is garage reliable
Zeno garage not oweing
Doesn’t matter if he got injured
Groia v Law Society of upper Canada
Lawyer hired by John felderhof
Win case then get into hearing of his own
Childlike exchange
Groia made personal attacks srcasm allegations
Williams ,lake Indian band v Canada
Reasonable and ruled in favour of the band
SCC says the decision was reasonable
Demagaes determined by tribunal
Breached protection of lands
Canada held responsible
R v Bingley
Pulled over for goofy driving
Screen for alcohol and passed
Requested another test which bingley failed
Arrested and into custody
Smoked and took alpeazolam
Legal antidepressant
Dismissed appeal and confirmed ne trial
Overturned
