Scenario Quiz Flashcards
What is step 1 of the oakes test
Is it prescribed by law? (ensures any limitation on a person’s rights or freedoms is established and defined by law)
What is step 2 of the oakes test
Are the issues pressing and substantial? (does it address a significant issue of public importance)
What is step 3 of the oakes test
Is there a rational connection between the laws and its legal objectives? ( limitation of the right must be rationally connected to the objective of the law in question)
What is step 4 of the oakes test
Are there minimal infringements on the individuals rights? (law must impair the right as little as possible)
What is step 5 of the oakes test
Proportionality test- -pros and cons, then either strike down the law, read in & out, or do nothing
what is section 8 of the charter
protects against unreasonable search and seizure
what is section 2a
freedom of religion (to practice and believe)
what is section 2b
freedom of thought, belief, opinion and expression
what is section 11
innocent until proven guilty
what is section 10
right to legal counsel
what is the first step of the 2 step process
Objective Basis for the Search or Seizure: the search or seizure must be authorized by law, and the law itself must be reasonable
what is the second step of the 2 step process
Reasonable Expectation of Privacy: if the search or seizure violated someone’s reasonable expectation of privacy.
