Unit 2 - Landmark Cases Flashcards
United States V. Burns
• Two 18 years old (Atif Rafaay and Sebastian Burns) were accused of brutally murdering 3 of Rafaays family members.
• The act being challenged was the Extradition Act.
• The charter challenge they faced was that everyone has the right to life, liberty, and Justice; as well as mobility rights within Canada (sections 7&6).
• the results were that the two boys received 3 consecutive life sentences with no parole section 6(1) “everyone has the right to remain in Canada” changed to stretch mobility rights to over the death penalty controversy are misplaced.
R. V. Big M Drug Mart
• the Lord’s Day Act prohibited the selling of goods on Sundays
• local police discovered that they had sold a bike lock that Sunday, meaning they’d violated the Lord’s Day Act.
• Big M Drug Mart took the charge to court and argued against the Lord’s Day Act using section 2 of the Charter, arguing that the Act violated our freedom of religion.
• case eventually reached the Supreme Court, and the Lord’s Day Act was ruled unconstitutional.
• created the foundations of the Oakes test
R. V. Stinchcombe
• William Stinchcombe was a lawyer who got into trouble when he could not repay money his clients had lent or invested with him.
• the crown did not provide him with the relevant information for the case, violating section 7 of the charter (protects persons autonomy and legal rights from the government)
• The Supreme Court ruled that the Crown is obligated by law to disclose all information relevant to the case, leading to the creation of rules for the disclosure of evidence during criminal trials ensuring that defendants have access to all information that could affect their case.
Dunmore V. Ontario
• Tom Dunmore complained about the Agriculture Labour Relations Act being repealed.
• the charter challenge was for section 2(d) freedom of association.
• the Supreme Court decided it was unjustified because it excluded agricultural workers from labour regimes
• Used in a number of labor disputes and has been used to support the expansion of collective bargaining rights. Challenges the cancellation of protective legislation
