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CMN 3105 Test 1 With Complete Solution
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CMN 3105 Test 1 WithComplete Solution
Which is the correct wording of s.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 and democratic society
In Oakes, the accused's ____ had been violated, which is guaranteed by
section 11(d) of the Charter - ANSWER Right to be presumed innocent
In the Oakes case, it was argued that the _____ clause, which shifts the burden
of proof to the accused, was unconstitutional - ANSWER Reverse onus
The Oakes test is subject to an analysis based on ____ of the Charter -
ANSWER Section 1
As stated in the Oakes case, s.1 of the Charter has the following 2 functions.
It ___ the rights and freedoms set out in the provisions and it states explicitly
the ______against which limits on those rights and freedoms may be measured
- ANSWER Guarantees, exclusive justificatory criteria
The purpose of the Oakes test is to determine whether: - ANSWER The limit
imposed on individuals constitutionally guaranteed right by a piece of
legislation can be justified
The first question of the Oakes test is: - ANSWER Does the state's objective
relate to concerns that are pressing and substantial?
, The second question of the Oakes test is: - ANSWER Is the state's objective
proportionate to the means taken?
The second phase of the Oakes test is comprised of multiple components.
Choose the one that constitutes a part of the phase in the test. - ANSWER
Rational connection to the objective
The law in question "should impair as little as possible to the right or
freedom in question". What is being described here? - ANSWER Minimal
impairment test from the Oakes test
In an Oakes test analysis, even if the impugned legislation satisfies all the
previous steps, it can still, in theory, fail the final step. What is the final step?
- ANSWER Proportionality between effects and objective
In the rational connection requirement of the Oakes test, the government
must demonstrate this connection according to which standard of proof -
ANSWER A reasonable basis for believing such a rational connection exists
In the Canadian Newspaper case, a publication ban is put in place to protect
the identity of: - ANSWER Sexual assault victims
In Canadian Newspapers, the respondent is a newspaper publisher who
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