Welcome

1
Welcome
2
Who Wants to Ace the Charter?
Constitutional Law 100 April 8, 2008
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Demonstration
4
What case established the degrading and
dehumanizing standard for obscenity in Canadian
criminal law?

• Little Sisters
• R. v. Sharpe
• R. v. Butler
• R. v. Keegstra

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The answer is

• R. v. Butler

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Fastest Fingers
7
Put these judges in order of their appointment to
the Supreme Court of Canada from most recent to
least recent

• Justice LHeureux-Dubé
• Justice Arbour
• Chief Justice McLachlin
• Justice Wilson

8
The answer is

• Justice Arbour (1999)
• Chief Justice McLachlin (1989)
• Justice LHeureux-Dubé (1987)
• Justice Wilson (1982)

9
Put these decisions in order from the earliest to
the most recent

• Egan
• Law
• Andrews
• Eldridge

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The answer is

• Andrews (1989)
• Egan (1995)
• Eldridge (1997)
• Law (1999)

11
Put these cases in order of their province of
origin from east to west

• McKinney
• Rodriguez
• Marshall
• Vriend

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The answer is

• Marshall (Nova Scotia)
• McKinney (Ontario)
• Vriend (Alberta)
• Rodriguez (B.C.)

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100
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Which case gave us the four part Oakes test?

• Donoghue v. Stevenson
• Delgamuukw v. B.C.
• Lloyds Bank v. Bundy
• R. v. Oakes

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The answer is

• R. v. Oakes

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200
17
What was the analogous or enumerated ground at
issue in Egan v. Canada?

• Age
• Sex
• Sexual orientation
• Disability

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The answer is

• Sexual orientation

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300
20
Which of the following is not a core value of
freedom of expression?

• Truth-seeking
• Self-fulfillment
• Content-neutrality
• Democracy

21
The answer is

• Content-neutrality

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400
23
What remedy was granted in the Vriend decision?

• Severance
• Reading in
• Reading down
• Suspension of unconstitutionality for six months

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The answer is

• Reading in. Sexual orientation was read into the
  list of enumerated grounds in the Alberta human
  rights legislation protection from discrimination
  provisions.

25
500
26
He challenged the constitutionality of the UI Act
that provided benefits for birth mothers and
adoptive parents but not birth fathers.

• Mark Andrews
• Shalom Schachter
• John Nesbitt
• Tim Richards

27
The answer is

• Shalom Schachter

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1,000
29
In which case did Justice Lamer (as he then was)
say the following

• In other words, the principles of fundamental
  justice are to be found in the basic tenets of
  our legal system. They do not reside in the
  realm of general public policy but in the
  inherent domain of the judiciary as guardian of
  the justice system.

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• R. v. Morgentaler
• Rodriguez v. B.C.
• Reference re Section 94(2) of the Motor Vehicle
  Act
• Roncarelli v. Duplessis

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The answer is

• Reference re Section 94(2) of the Motor Vehicle
  Act

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2,000
33
Whose 1989 definition of discrimination, offered
in dissent, is still cited to this day as the
definitive statement on what constitutes
discrimination in Canada?

• Justice McIntyre
• Justice LHeureux-Dubé
• Justice Wilson
• Professor Webber

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The answer is

• Mr. Justice McIntyre (Andrews)

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3,000
36
Which is the provision that guarantees that
nothing in the Charter shall abrogate or derogate
from any aboriginal, treaty or other rights that
pertain to the aboriginal peoples of Canada?

• Section 1
• Section 25
• Section 33
• Section 35

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• Section 25

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4,000
39
In what case did the Supreme Court of Canada hold
that picketing was a form of expression?

• Dolphin Delivery
• Irwin Toy
• B.C.G.E.U. (the Courthouse case)
• Union Colliery Co. v. Bryden

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The answer is

• Dolphin Delivery

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8,000
42
What stage of the Oakes test was violated in
Benner, the case involving more stringent
citizenship requirements for a person born to a
Canadian mother?

• Pressing and substantial objective
• Rational connection
• Minimal Impairment
• Proportionate effect

43
The answer is

• Rational Connection

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16,000
45
In which case is the Charter held to apply to a
mandatory retirement policy?

• Stoffman v. Vancouver General Hospital
• McKinney v. University of Guelph
• Douglas/Kwantlan Faculty Association v. Douglas
  College
• Eldridge v. B.C.

46
The answer is

• Douglas/Kwantlan Faculty Association v. Douglas
  College

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32,000
48
Who said this

• I can therefore find no jurisprudential
  authority to support the proposition that a
  practice undertaken merely for survival purposes
  cannot be considered integral to the distinctive
  culture of an aboriginal people. Rather, I find
  that the jurisprudence weighs in favour of
  protecting the traditional means of survival of
  an aboriginal community.

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• Justice Bastarache in Sappier and Gray
• Chief Justice Dickson in Sparrow
• Justice LHeureux-Dubé in Van der Peet
• Chief Justice Lamer in Pamajewon

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The answer is

• Justice Bastarache in Sappier and Gray

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64,000
52
In which document do we find the following

• the right of the individual to life, liberty,
  security of the person and enjoyment of property,
  and the right not to be deprived thereof except
  by due process of law

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• The American Bill of Rights
• The Constitution Act, 1867
• The Universal Declaration of Human Rights
• The Canadian Bill of Rights

54
The answer is

• The Canadian Bill of Rights, s. 1(a)

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125,000
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In what case did Justice Cory say the following

• The Party challenging the common law cannot
  allege that the common law violates a Charter
  right because, quite simply, Charter rights do
  not exist in the absence of state action. The
  most that the private litigant can do is argue
  that the common law is inconsistent with Charter
  values.

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• Dolphin Delivery
• Eldridge
• Dagenais
• Hill v. Church of Scientology

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Is that your final answer?
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The answer is

• Hill v. Church of Scientology

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250,000
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Which of the following is not mentioned in the
preamble to the Charter?

• The Parliament of the United Kingdom
• Supremacy of God
• The rule of law
• Canada

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The answer is

• The Parliament of the United Kingdom

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500,000
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In only one case has the Supreme Court of Canada
ever held that an infringement that is more
severe than a limit cannot be saved by s. 1. It
was

• Chaoulli v. Québec
• Auton v. B.C.
• R. v. Sauvé
• A.G. Québec v. Québec School Board

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The answer is

• A.G. Québec v. Québec School Board

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1,000,000
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Who said

• the idea of human dignity finds expression in
  almost every right and freedom guaranteed in the
  Charter. Individuals are afforded the right to
  choose their own religion and their own
  philosophy of life, the right to choose with whom
  they will live and what occupation they will
  pursue. These are all examples of the basic
  theory underlying the Charter, namely that the
  state will respect choices made by individuals
  and, to the greatest extent possible, will avoid
  subordinating these choices to any one conception
  of the good life.

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Who said that?

• Justice Iacobucci in Law
• Chief Justice Lamer in Rodriguez
• Justice Wilson in Morgentaler
• Justice Arbour in Gosselin

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Is that your final answer?
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Are you sure?
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The answer is

• Justice Wilson in Morgentaler