Question
1. In the Big M Drug Mart Case, the Supreme Court ruled that: a. Under certain circumstances religious freedom can pass the Oakes test b.
1. In the Big M Drug Mart Case, the Supreme Court ruled that:
a. Under certain circumstances religious freedom can pass the Oakes test
b. Laws that promote a particular religion will not pass the Oakes test
c. Sunday closing shopping laws violate religious freedom
d. The Oakes test can only be used when a Charter right is being violated
e. None of the above
2. The Supreme Court
a. Represents the judicial branch of the Canadian government
b. Represents the executive branch of Canadian government
c. Represents the legislative branch of Canadian government
d. a and b
e. b and c
3. In defining fundamental justice, the Supreme Court has:
a. Referred to the basic tenets of our legal system
b. Primarily focused on procedural justice
c. Has defined substantive justice as an eye for an eye
d. Defined crime control
e. Examined the certain sections of the Charter
4. The concept of "Original Intent" refers to
a. The initial understanding of the law changing with the times
b. The initial intent of the law
c. The original circumstances responsible for the creation of the Charter
d. The Charter having been written by the original framers
e. The Charter ought to reflect the understanding of the original document's framers
5. In the Butler Case, the Supreme Court of Canada struck down the obscenity laws because they did not pass the Oakes test
a. True
b. False
6. One reason the Market Place of ideas could be problematic is
a. People tend to be bias and adjust their beliefs to align with new evidence
b. Individuals tend to be extremely skeptical of authority figures
c. The effort needed to evaluate opinions can sometimes be high
d. It allows everyone to voice their perspective
e. There are not rules for what is accurate versus what is "fake" information
7. Freedom of association is thesecond of the fundamental freedomslisted in the Charter
a. True
b. False
8. The general consensus among Supreme Court justices of Canada is that the right of association
a. Allows for the right not to associate
b. Is consistent with the Shop Formula
c. Maintains the freedom to associate with whomever one wishes
d. (a)
e. None of the above
9. Would it be true to say that the Supreme Court Judges mostly agree that the right to associate entails a right not to associate
a. True
b. False
10. Karen an attorney, is defending a law that criminalizes marijuana, which of the following arguments would she have to use to invoke the concept of procedural justice?
a. Smoking marijuana reduces individual productivity and is thereby bad for the economy
b. Whether one smokes marijuana is a matter of concern to society because it is a gateway to harder drugs
c. Marijuana prevents to productivity of members of society
d. Narcotics can lead to severe health problems and will be a strain on our health and legal systems
e. The law prohibiting marijuana possession was passed through Parliament and is laid out in the law books
11. The Morgentaler case is principally important because it focused on both the rights of the mother and the issue of the fetus and whether rights can be applied here
a. True
b. False
12. Imaging you are before the court and you are making an argumentagainstthe use of Capital Punishment. In your argument you appeal to substantive justice, what element therefore would you have to consider in your arguments?
a. A corrupt legal system
b. Mistakes in the persons accused of acapital offencesuch as murder
c. Procedural misconduct
d. None of the above
e. All of the above (a) (b) and (c)
13. Habeus Corpus involves two key provisions ----------------------------------- and ----------------------------
a. Rights of accused to council; not waiting too long for a trial
b. To see the judge immediately; justified detention
c. Right to parole; right to defend oneself in court
d. Crime control; crime prevention
e. not to self-incriminate; witness to a crime not being forced to testify
14. In efforts to avoid criminalization of legitimate disagreements, the Anti-terrorism act shields ---------------------- from being labeled an act of terrorism
a. Protests
b. Threats of bodily harm
c. Associating withcertainindividuals
d. Past criminal behaviour
e. None of the above
15. Parliament passed legislation to restore the following provisions(s) of the Anti-Terrorism Act: --------------------------- and --------------------------
a. Ban on providing funds to terrorist groups ; Electronic surveillance
b. Investigating hearings ; Preventative arrest
c. Racial and ethnic profiling under certain circumstances ; preventative search and seizure
d. Forcible deportation ; indefinite incarceration
e. Violation ofcertainCharter rights ; wiretapping
16. Looking ahead, the belief is that if the Anti-Terrorist Act comes before the Supreme Court again, a debate will like center on whether
a. Whether the provisions of the act have to all be rewritten to reflect the times we live in
b. The provisions contravene the right to freedom of association
c. The provisions in question are consistent with the Charter's advocacy of multiculturalism
d. The terrorist threat is perceived as a paranoid fantasy
e. The provisions are well suited to stop terrorism and minimally restrict our rights
17. The principle of equality originally came from --------------------
a. Science
b. 19th century philosophers
c. Theories on Morality
d. Religion
e. Philosophy
18. Citizenship is NOT specified in the Charter as an inadmissible ground for discrimination
a. True
b. False
19. Prevention from discrimination on analogous grounds can consist of the following element ---------------------
a. A personal characteristic that can't be changed or easily changed
b. Personal characteristics historically attracted oppression
c. Citizenship
d. (a) and (b)
e. (c) and (a)
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