CMN 2170 A TEST WITH
COMPLETE SOLUTION
s 92 - ANSWER Exclusive Powers of Provincial Legislature
Prima Facie - ANSWER on the surface
ratio decidendi - ANSWER what are the reasons for judgement
common law of defamation - ANSWER every person is entitled to his or her
good name or reputation, which can not be impeached without lawful
justification or excuse.
Innocent Dissemination - ANSWER A person who is found to have published
a defamatory statement may evoke a defence of innocent dissemination,
which absolves him/her of liability provided that he/she had no knowledge
of the defamatory nature of the statement, and that his/her failure to detect
the defamatory content was not due to negligence.
Hertzian waves - ANSWER the beginning of air waves carrying radio signals
shallow hyperlinks - ANSWER takes the reader to the website
deep hyperlinks - ANSWER takes the reader directly to the defamatory page
crookes v newton - ANSWER Results in a modification to the common law of
defamation, hyperlink is not a publication, it is a reference itself, UNLESS its
context suggests otherwise
s. 91 - ANSWER Distribution of powers, the powers of the parliament
publication - ANSWER 1) any act that has conveyed defamatory meaning to a
,single third party
2) a third party has received these defamatory statements
Section 1 of the Charter states - ANSWER The Canadian Charter of Rights and
Freedoms guarantees the rights and freedoms set out in it subject only to
such reasonable limits prescribed by law as can be demonstrably justified in a
free and democratic society.
stare decisis - ANSWER the rule of president: "The decision stands, let that
rest which sleeps."
Higher courts are stronger than smaller ones; the supreme court rulings are
binding
what constitutes a communication via the internet - ANSWER 1) content
provider
2) host server
3) end user (receiver)
4) intermediary (internet connection)
s 92. sub section 10 - ANSWER Local undertaking: "Works of a local nature
are exclusively provincial jurisdiction"
Anglin - ANSWER Living tree analogy: "constitution is metaphorical,
ever-changing like a living tree and not to be taken literally"
Libel - ANSWER "Intentional publication of an injurious false statement"
1) Publication must be proven
2) Must harm a person's reputation- reasonable persons test applied
, Justice Abella in Crookes v Newton - ANSWER "I would conclude that a
hyperlink, by itself should never be seen as a publication of the content to
which it refers."
Appellant - ANSWER Party that initiates the appeal
Respodant - ANSWER Party that responds to the appeal
elements of defamation - ANSWER 1) the impugned words must be
defamatory
2) the impugned words referred to the complainant (plaintiff)
3) the words must be published
the term stare decisis is a legal principle by which judges are: - ANSWER
required to respect the precedent established by prior decisions of the
supreme court
In a case being heard by an appeal court, what is an intervener? - ANSWER
the party that has been granted standing in the appeal
what does the term ultra vires mean in the context of our new media course?
- ANSWER a party acting outside its properly constituted legislative authority
under the distribution of powers in the constitution, which of the following is
true? - ANSWER under s. 92 (10) exclusive provincial jurisdiction is the rule
and federal jurisdiction is the exception
the outcome of public service board v dionne is as follows - ANSWER the
appeal was dismissed because cable distribution services are intra vires
federal jurisdiction
In the Reference re Broadcasting Act case (2012), it was made clear by the
COMPLETE SOLUTION
s 92 - ANSWER Exclusive Powers of Provincial Legislature
Prima Facie - ANSWER on the surface
ratio decidendi - ANSWER what are the reasons for judgement
common law of defamation - ANSWER every person is entitled to his or her
good name or reputation, which can not be impeached without lawful
justification or excuse.
Innocent Dissemination - ANSWER A person who is found to have published
a defamatory statement may evoke a defence of innocent dissemination,
which absolves him/her of liability provided that he/she had no knowledge
of the defamatory nature of the statement, and that his/her failure to detect
the defamatory content was not due to negligence.
Hertzian waves - ANSWER the beginning of air waves carrying radio signals
shallow hyperlinks - ANSWER takes the reader to the website
deep hyperlinks - ANSWER takes the reader directly to the defamatory page
crookes v newton - ANSWER Results in a modification to the common law of
defamation, hyperlink is not a publication, it is a reference itself, UNLESS its
context suggests otherwise
s. 91 - ANSWER Distribution of powers, the powers of the parliament
publication - ANSWER 1) any act that has conveyed defamatory meaning to a
,single third party
2) a third party has received these defamatory statements
Section 1 of the Charter states - ANSWER The Canadian Charter of Rights and
Freedoms guarantees the rights and freedoms set out in it subject only to
such reasonable limits prescribed by law as can be demonstrably justified in a
free and democratic society.
stare decisis - ANSWER the rule of president: "The decision stands, let that
rest which sleeps."
Higher courts are stronger than smaller ones; the supreme court rulings are
binding
what constitutes a communication via the internet - ANSWER 1) content
provider
2) host server
3) end user (receiver)
4) intermediary (internet connection)
s 92. sub section 10 - ANSWER Local undertaking: "Works of a local nature
are exclusively provincial jurisdiction"
Anglin - ANSWER Living tree analogy: "constitution is metaphorical,
ever-changing like a living tree and not to be taken literally"
Libel - ANSWER "Intentional publication of an injurious false statement"
1) Publication must be proven
2) Must harm a person's reputation- reasonable persons test applied
, Justice Abella in Crookes v Newton - ANSWER "I would conclude that a
hyperlink, by itself should never be seen as a publication of the content to
which it refers."
Appellant - ANSWER Party that initiates the appeal
Respodant - ANSWER Party that responds to the appeal
elements of defamation - ANSWER 1) the impugned words must be
defamatory
2) the impugned words referred to the complainant (plaintiff)
3) the words must be published
the term stare decisis is a legal principle by which judges are: - ANSWER
required to respect the precedent established by prior decisions of the
supreme court
In a case being heard by an appeal court, what is an intervener? - ANSWER
the party that has been granted standing in the appeal
what does the term ultra vires mean in the context of our new media course?
- ANSWER a party acting outside its properly constituted legislative authority
under the distribution of powers in the constitution, which of the following is
true? - ANSWER under s. 92 (10) exclusive provincial jurisdiction is the rule
and federal jurisdiction is the exception
the outcome of public service board v dionne is as follows - ANSWER the
appeal was dismissed because cable distribution services are intra vires
federal jurisdiction
In the Reference re Broadcasting Act case (2012), it was made clear by the
