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CMN3105 Midterm 1 Question and answers 2023/2024 verified to pass
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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, ...

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  • November 2, 2023
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  • 2023/2024
  • Exam (elaborations)
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  • cmn3105 midterm 1
  • cmn3105 midterm 1 question and answers

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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

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