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Fact Patterns MC Flashcards _ 100- SURE ANSWERS) Semester 2 2023 - DISTINCTION.pdf
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8/4/24, 12:35 PM Fact Patterns MC Flashcards | QuizletFact Patterns MC
Jeremiah
Terms in this set (36)
Fact Patterns MC
https://quizlet.com/ca/466278946/fact-patterns-mc-flash-cards/ 1/21
,8/4/24, 12:35 PM Fact Patterns MC Flashcards | Quizlet
Jia is a 4th year student who has excelled in d
her studies during her time at Queen's; she is
getting ready to move to Montreal for
graduate studies at McGill. Jia works hard at
school and also does volunteer work for a
local charity. This can leave her feeling pretty
stressed, so she sometimes likes to relax with
friends on the weekend. Recently she was at
a party where some of her friends (all over
19) were consuming marijuana that they were
growing themselves at home. Not a lot! Just a
plant or two for their own personal use. Jia
didn't try it - yet - she is cautious and wanted
to make sure that she understood the health
effects and also be sure she wasn't doing
anything illegal! Jia is considering a
professional career, and she knows any legal
problems with drugs or alcohol could
prevent her from becoming licensed in her
profession.
Where should Jia look to make sure what her
friends were doing was legal?
a)
Jia needs to check to see what is prohibited
by the Federal Government under its criminal
law power - anything prohibited by federal
law will be illegal.
b)
Jia needs to check to see if the Province of
Ontario allows people to consume marijuana
recreationally and grow marijuana in their
homes.
c)
Only a) and NOT b) - Jia only needs to worry
about federal law, but not provincial law,
since the federal law will always prevail.
d)
Both a) and b) - It is possible Jia could be
subject to relevant law enacted by both the
federal and provincial governments.
Choose two of the doctrines below about b&d
Canada's federal division of powers that Jia
would be right to consider when she is trying
to determine what laws she will have to
follow. For each of the doctrines you select,
provide one reason why it is relevant for Jia's
problem.
a) Validity
b) Overlap/Conflict
c) Supremacy
d) Paramountcy
Tells you whether a government will have the constitutional authority to enact laws
Validity
about recreational marijuana.
Fact Patterns MC
https://quizlet.com/ca/466278946/fact-patterns-mc-flash-cards/ 2/21
, 8/4/24, 12:35 PM Fact Patterns MC Flashcards | Quizlet
ia is concerned about whether the laws e
might be different when she gets to Quebec
for her studies at McGill. She has looked into
the situation. She sees that Quebec is
planning to pass legislation that will impose
a complete ban on growing marijuana at
home. From her research on federal law, she
knows that the federal criminal law
prohibitions have an exemption that allows
individuals to "grow, from licensed seed or
seedlings, up to 4 cannabis plants per
residence for personal use."
Assuming for now that Quebec could validly
pass its law, Jia wonders whether it will
conflict with the federal law?
a)
Yes, because the federal law allows you to
grow marijuana at home, but the Quebec law
does not.
b)
No, because the federal law does not
require you to grow marijuana at home, so
you can follow both laws by complying with
the proposed ban in Quebec.
c)
We would need to consider whether the ban
in Quebec would frustrate the purpose of
the federal law.
d)
Both A and C
e)
Both B and C
f the government wanted to justify this new a
law under s. 1 of the Charter, it would need
to:
a)
Show that protecting the electoral process
from "fake news" and manipulation by
foreign powers is a pressing concern.
b)
Provide conclusive evidence that limiting
"issue advertising" on Facebook will
definitely prevent tampering with the
electoral process.
c)
Show that targeting political endorsements
on Facebook is the easiest way to prevent
"fake news" that could influence the election.
d)
All of the above.
Fact Patterns MC
https://quizlet.com/ca/466278946/fact-patterns-mc-flash-cards/ 3/21
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