The outcome to Her Majesty the Queen vs. Canadian Newspapers Company
Limited - ANSWER Measures which prohibit media from public information
deemed of interest restricts freedom of expression (s. 2(b) of the charter).
But the code is justifiable under s. 1 of the charter and applicable only to
sexual assault cases when the complainant or prosecutor request the order.
(minimal impairement). Media are always allowed in court (no infringement
on right to a public hearing) and a mandatory publicition ban is only used to
keep information that might reveal the victims' identity away from public
scrutiny to remedy the underreporting of sexual assault cases
- Appeal was allowed
The outcome of the Her Majesty The Queen vs David Edwin Oakes case -
ANSWER The possession of a small or negligable quantity of narcotics would
not support the inference of trafficking, appeal was dismissed
Section 8 of the Narcotic Control Act - ANSWER Requires the accused to
prove he is not guilty of trafficking once the basic fact of possession is
proven
Section 8 of the Canadian Charter of Rights and Freedoms - ANSWER
Everyone has the right to be secure against unreasonable search or seizure
The outcome of the MacIntyre case - ANSWER The public as well as those
who are directly interested have a right to inspect the warrant and the
related information, appeal was dismissed on the grounds of the open court
,principle
Core concept of the MacIntyre case - ANSWER The open court principle
Section 2 (b) of the Canadian Charter of Rights and Freedoms - ANSWER
freedom of thought, belief, opinion and expression, including freedom of the
press and other media of communication
Section 11 (d) of the Canadian Charter of Rights and Freedoms - ANSWER
One has the right to be presumed innocent until proven guilty according to
law in fair and public hearing by an independent and impartial tribunal
Section 1 of the Canadian Charter of Rights and Freedoms - ANSWER
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
2 competing interests of the MacIntyre case - ANSWER - individual's right to
privacy, civil right to property
- societal concern for the proper and effective administration of justice (with
respect to the state to conduct an ethical search without infringing on one's
property)
3 key factors conducive to an effective search warrant - ANSWER - timing
- element of surprise
- confidentiality
What notion is grounded in s. 11 (d) of the Charter of Right and Freedoms? -
ANSWER Publicity
- makes a situation visible and susceptible to scrutiny
, - has a way to keep people accountable
- to be presumed innocent is important in preserving one's dignity and
reputation
Aspects of the conceptualization of a law - ANSWER - policy is underpinned
by ethics, is an articulation of the law, is an embodiment of competing
visions and brings the "ought" factor
- a bill is the embodiment of a process, a conception of policy debates
Three importants elements of s. 1 of the Charter - ANSWER Criteria that the
state has to follow in order to be able to infringe on one's rights or freedoms
- reasonable
- prescribed by law
- demonstrably justified in a free and democratic society
Implementation of the will of Parliament - ANSWER comes in the form of
laws and statutes
The rights and freedoms in Canada are... - ANSWER not absolute but
qualified
Dissenting - ANSWER the argument opposing that of the final judgement
The Respondent in the Her Majesty The Queen vs David Edwin Oakes case -
ANSWER David Edwin Oakes
The Oakes test - ANSWER the mechanism by which the state can save a piece
of legislation that has been determined to infringe an individual's freedoms
- in place to give the state the opportunity to save the impugned (impugn: to
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