Question
https://www.cbc.ca/archives/canada-s-cruise-missile-testing-controversy-of-1983-1.4744435 First, Watch this historical CBC footage - note the Prime Minister of the time was Pierre Trudeau (father of current PM Justin Trudeau), and
https://www.cbc.ca/archives/canada-s-cruise-missile-testing-controversy-of-1983-1.4744435
First, Watch this historical CBC footage - note the Prime Minister of the time was Pierre Trudeau (father of current PM Justin Trudeau), and the reporter of the story is journalist Mike Duffy (later he became a controversial Canadian Senator).
Next, Read this article summarizing the case:
https://ualawccsprod.srv.ualberta.ca/2010/05/operation-dismantle-v-the-queen-charter-rights-government-decisions-and-the-risk-of-war-1985/?print=print
https://www.constitutionalstudies.ca/2010/05/operation-dismantle-v-the-queen-charter-rights-government-decisions-and-the-risk-of-war-1985/?print=print
This is a case in which a coalition lobby group called Operation Dismantle took legal action against the government. So, just remember, when reading about this case you need to understand that 'the government' is the defendant - not to be confused with a crown prosecutor or the judge or the supreme court.
1. Do some research. Does Canada have Nuclear weapons? What is Canada's position on nuclear proliferation and how have we historically dealt with nuclear defense?
2. In 1983 Canada allowed the United States to test cruise missiles in Canada (in northern Alberta). Explain why this is controversial, and especially in the context of 1983.
3. What is section 32 of the Charter and what is Royal Perogative? Can the government of Canada make decisions that are outside the scrutiny of the courts if initiated by the federal executive cabinet under Royal Perogative? What did the judges think of section 32 of the Charter in this case?
4. Explain how was section 7 of the Charter relevant in this case? In the end, who won this case?
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