CMN3105 Midterm 1 Question and answers 2023/2024 verified to pass
14 views 0 purchase
Course
CMN
Institution
CMN
CMN3105 MidterSection 1 of the Charter - correct 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 R v MacIntyre, ...
CMN3105 Midterm 1: Mark Lowes
Section 1 of the Charter - correct 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 R v MacIntyre, MacIntyre argues that he should be granted permission to examine a
search warrant because - correct answer He is a member of the general public and
has a right to access the information just like everyone else
In the concurring reasons for judgment given by Justices Laskin, Dickson, McIntyre,
Chouinard and Lamer in the MacIntyre case, the proper limits imposed on accessibility
to search warrants must be determined by several broad policy considerations which
include all of the following EXCEPT for - correct answer The right of Parliament to
withhold information for a prior restraint
In his reasons for judgment in MacIntyre, Dickson acknowledges the existence of two
socially competing interests. They are - correct answer Individual civil liberties and
the public prevention of crime
In Oakes, the accused's _____________ had been violated, which is guaranteed by
section 11(d) of the Charter of Rights and Freedoms - correct 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 - correct answer Reverse Onus
The Oakes test is subject to an analysis based on ________ of the Charter of Rights
and Freedoms - correct answer Section 1
As stated in the Oakes case, Section 1 of the Charter of Rights and Freedoms has the
following two functions: First, it ____________ the rights and freedoms set out in the
provisions which follow it; and second, it states explicitly the _____________ against
which limitations on those rights and freedoms may be measured - correct answer
Guarantees, Exclusive justificatory criteria
The purpose of the Oakes Test is ultimately to determine whether - correct answer
The limit imposed on an individual's constitutionally guaranteed right by a piece of
legislation can be justified
The first question that the Oakes Test asks is - correct answer Does the state's
objective related to concerns that are pressing and substantial
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LEWISSHAWN55. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.49. You're not tied to anything after your purchase.
