Topic 3

Question 1

Dry bones
what is it?

… vs. …

Answer 1

Indian Act
PRE-CHARTER PREDECESOR TO JUDICIAL REVIEW

not a charter challenge, a BILL OF RIGHTS
legislation vs legislation

Question 2

EXAMMMM
… - what started JUDICIAL REVIEW?

• Section 1: The ‘…’ clause
  -2-part test: i) … & ii) …

-I.e., Saskatchewan v. Whatcott (2013) 1 SCR 467. SASK had limitations on speech

EMERGENCY(war measure) ACT - places limitations on our rights and freedoms. WW1/2 and terrorism. public justification to force others. 3 times. Need a limitation clause to get this

Answer 2

The Canadian Charter of Rights and Freedoms - JUDICIAL REVIEW
Constitution act of 1982

• Section 1: The ‘limitations’ clause
  -2-part test: i) sufficient importance & ii) proportionality
  -I.e., Saskatchewan v. Whatcott (2013) 1 SCR 467

Question 3

The Canadian Charter of Rights and Freedoms II
* Section 24: power of the courts to exclude certain evidence
* Sections 25 – 34: relate to the application of the Charter
-Section 32: applies to both federal and provincial governments

• Section 33: … clause
  -Section 33(3) limits the clause to … years
  Allows the provincial or federal government to …
• R. v. Morgentaler (1988) 1 SCR 30
  THIS IS RELATED TO …

Answer 3

The Canadian Charter of Rights and Freedoms II
* Section 24: power of the courts to exclude certain evidence
* Sections 25 – 34: relate to the application of the Charter
-Section 32: applies to both federal and provincial governments

• Section 33: Notwithstanding clause
  -Section 33(3) limits the clause to 5 years
  Allows the provincial or federal government to ENACT LAWS THAT OVERRIDE THE CHARTER OF RIGHTS AND FREEDOMS
• R. v. Morgentaler (1988) 1 SCR 30
• R. v. Morgentaler (1988) 1 SCR 30
  THIS IS RELATED TO ABORTION

Question 4

*Quebec never …
*1987 Meech Lake Accord
*1992 Charlottetown Accord

Answer 4

*Quebec never approved the Constitution Act, 1982
*1987 Meech Lake Accord
*1992 Charlottetown Accord

Question 5

Some Notable Constitutional Cases & Decisions
R. v Oaks [1986] 1 SCR 30
8 vials of …
… until …
Oaks … clause
Reverse Onus
Oaks … for the … clause
2 STANDARDS ….

THE OAKS TEST APPLIES TO THE EMERGENCY ACT THE ONLY TIME IT APPLIES TO THE NOTWITHSTANDING CLAUSE IF IT RESTRICTS CERTAIN FREEDOMS

R. v Sparrow [1990] 1 SCR 1075
illegal fishing technique
violation of …
agree with him

The Quebec Secession Reference [1998] 2 SCR 217
Can Quebec separate properly?
The Supreme Court said no. Must have a referendum
Clarity Act

Answer 5

Some Notable Constitutional Cases & Decisions
R. v Oaks [1986] 1 SCR 30
8 vials of marijuana oil
innocent until guilty
Oaks TEST for the limitation clause
NECESSITY AND PROPORTIONALITY

R. v Sparrow [1990] 1 SCR 1075
illegal fishing technique
violation of section 35 Indigenous act
agree with him

The Quebec Secession Reference [1998] 2 SCR 217

Question 6

The Constitution of the United States
 Adopted in 1787, effective in 1789
 The oldest living written constitution
 Established a presidential republic
 Established a clear separation of powers and a federal system with strong powers to the states
 27 amendments

-i.e., 1st Amendment (free speech), 2nd Amendment (right to bear arms)
 Amendment process: 2/3 of Congress and ¾ of state legislatures

Answer 6

The Constitution of the United States
 Adopted in 1787, effective in 1789
 The oldest living written constitution
 Established a presidential republic
 Established a clear separation of powers and a federal system with strong powers to the states
 27 amendments

-i.e., 1st Amendment (free speech), 2nd Amendment (right to bear arms)
 Amendment process: 2/3 of Congress and ¾ of state legislatures