Unit 2

Question 1

Royal Proc

Answer 1

Aboriginals are autonomous political entities

Question 2

Collective Rights

Answer 2

Rights as a result of membership in a group (labour unions!)

Question 3

R v Guignard

Answer 3

Put up a sign against insurance company, company took him to court, court ruled that the prohibition violated his freedom of expression

Question 4

R v Burlingham

Answer 4

Consistently interrogated by police despite requests for a lawyer
-supreme court ruled the murder weapon should be inadmissable

Question 5

R v Askov

Answer 5

violated right to be treated within a reasonable time

Question 6

R v Buhay

Answer 6

Unreasonable search and seizure marijuana, supreme court ruled that the search was unconstitutional according to section 8

Question 7

Chamberlain v Surrey

Answer 7

3 books about same sex couples and their families

Question 8

Conway v Queen

Answer 8

Random frisks and searches were necessary in prison, women search women men search men.

Question 9

Pros of Judicial Activism

Answer 9

Protection against majority tyranny, prompts social change, necessary to correct past injustices, courts are seen as unbiased non partisan entities

Question 10

Formula?

Answer 10

Constitution act 1982 = BNA Act (constitutional act 1867) + Charter of Rights and Freedoms

Question 11

Amending formula?

Answer 11

50% of the provinces (of the whole country) and 2/3 of the senate and house

Question 12

Meech Lake

Answer 12

Mulroney tried to get Quebec to join the constitution, tried to give them distinct society status

Question 13

Charlottetown Accord

Answer 13

Aboriginal concerns addressed, still didn’t work

Question 14

4 periods of the charters evolution

Answer 14

english common law (legislative supremacy), bill of rights (diefenbaker), victoria charter, canadian charter of rights and freedoms

Question 15

Victoria Charter

Answer 15

Everyone agreed to patriation and the amending formula except Quebec

Question 16

Notwithstanding Clause

Answer 16

Governments can pass laws in contradiction with the charter, however it is politically toxic and rarely done. Quebec did this with bill 101 & Ford v Quebec

Question 17

How many courts in Canada

Answer 17

750

Question 18

bill 101

Answer 18

Levesque makes french official language of businesses and government, response= ford v quebec

Question 19

ford v quebec

Answer 19

Found that bill 101 violated prohibition of use of other languages aside from french

Question 20

Patriation

Answer 20

Constitution act of 1982

Question 21

Clarity Act

Answer 21

Outlined conditions to be met if a province did end up voting to seperate from Canada

Question 22

R v Drybones

Answer 22

People living off of reserves can’t be intoxicated off of the reserve, first use of the bill of rights

Question 23

canadian human rights act

Answer 23

only applies to public jurisdictions

Question 24

Stereotyping

Answer 24

Judging a whole group based on the actions of one person

Question 25

OHRC and complainant process

Answer 25

Established in 1961, first human rights commission, complain happens, interviews both parties, investigation, then solution. If no solution, tribunal.

Question 26

how do you become a judge

Answer 26

lawyer for 10 years, app reviewed by independent committees

Question 27

R v mArshall

Answer 27

Fed gov can regulate aboriginal fishing

Question 28

Canada v Lavall

Answer 28

Women losing aboriginal status is ok