CMN 3105 Test With
Complete Solution
Is Vs. Ought - ANSWER - When something is, the way things are, empirical
- When something ought, not a present state of affairs, but the way things
should be
Section 1 of the Charter of Rights and Freedoms - 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 democratic society.
True or False: The state has the ability to limit our charter of rights and
freedoms - ANSWER True
- They can do this if they do it reasonably
- They can do this only if it does so through law (ex: not a gov. policy)
- They can only do this if they demonstrate through reason, evidence and
logic that the infringement was justifiable
Who is the appellant in the McIntyre Case? - ANSWER Attorney General of
Nova Scotia and Grainger
, Who is the respondent in the McIntyre Case? - ANSWER Lindin McIntyre
Why was McIntyre refused the search warrants and supporting material? -
ANSWER Grainger refused on the ground that such material was not
available for inspection by the general public
Open Court Principle - ANSWER Principle that judicial proceedings should be
administered in public
What will limit the open court principal? - ANSWER Publication bans
Rational Connection Test - ANSWER The potential for a rational connection
between the basic fact and the presumed fact to justify a reverse onus
provision
Who is the appellant in the Oakes case? - ANSWER The Queen (fed gov)
Who is the respondent in the Oakes case? - ANSWER David Oakes
2 Stages (Phases) of the Oakes Test - ANSWER -Stage 1: assess if the gov is in
Complete Solution
Is Vs. Ought - ANSWER - When something is, the way things are, empirical
- When something ought, not a present state of affairs, but the way things
should be
Section 1 of the Charter of Rights and Freedoms - 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 democratic society.
True or False: The state has the ability to limit our charter of rights and
freedoms - ANSWER True
- They can do this if they do it reasonably
- They can do this only if it does so through law (ex: not a gov. policy)
- They can only do this if they demonstrate through reason, evidence and
logic that the infringement was justifiable
Who is the appellant in the McIntyre Case? - ANSWER Attorney General of
Nova Scotia and Grainger
, Who is the respondent in the McIntyre Case? - ANSWER Lindin McIntyre
Why was McIntyre refused the search warrants and supporting material? -
ANSWER Grainger refused on the ground that such material was not
available for inspection by the general public
Open Court Principle - ANSWER Principle that judicial proceedings should be
administered in public
What will limit the open court principal? - ANSWER Publication bans
Rational Connection Test - ANSWER The potential for a rational connection
between the basic fact and the presumed fact to justify a reverse onus
provision
Who is the appellant in the Oakes case? - ANSWER The Queen (fed gov)
Who is the respondent in the Oakes case? - ANSWER David Oakes
2 Stages (Phases) of the Oakes Test - ANSWER -Stage 1: assess if the gov is in
