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CATEGORIES LATIN C R&F CASESSCCHUMANRIGHTSHodgePodge 100 200 300 400 500.

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Presentation on theme: "CATEGORIES LATIN C R&F CASESSCCHUMANRIGHTSHodgePodge 100 200 300 400 500."— Presentation transcript:

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2 CATEGORIES LATIN C R&F CASESSCCHUMANRIGHTSHodgePodge 100 200 300 400 500

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4 FINAL JEOPARDY She was the first female to be named the Chief Justice of the Canadian Supreme Court She was the first female to be named the Chief Justice of the Canadian Supreme Court

5 FINAL JEOPARDY BEVERLEY McLACHLIN BEVERLEY McLACHLIN

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7 LATIN 100 From Common Law, this terms means to “stand by the decision” From Common Law, this terms means to “stand by the decision” In English we say precedent In English we say precedent

8 100 points STARE DECISIS STARE DECISIS

9 LATIN 200 From the Magna Carta, this latin term means to “you must have the body” From the Magna Carta, this latin term means to “you must have the body” A fundamental principle in the Canadian justice system A fundamental principle in the Canadian justice system

10 200 Points HABEAUS CORPUS HABEAUS CORPUS No one may be detained unless the detention is approved by a justice of the peace or a judge. No one may be detained unless the detention is approved by a justice of the peace or a judge.

11 LATIN 300 In the legal citation R v. Smith, the “R” stands for what term? In the legal citation R v. Smith, the “R” stands for what term?

12 300 Points Regina or Rex Regina or Rex With the current British monarch, we use the feminine term. With the current British monarch, we use the feminine term.

13 LATIN 400 This term means it is NOT in the government’s jurisdiction to make laws. This term means it is NOT in the government’s jurisdiction to make laws.

14 400 Points ULTRA VIRES ULTRA VIRES

15 LATIN 500 The phrase The phrase Ignorantia Juris non excusat Ignorantia Juris non excusat means what? means what?

16 500 Points IGNORANCE OF THE LAW IS NO EXCUSE IGNORANCE OF THE LAW IS NO EXCUSE If committing an offence a guilty party cannot use as a defence the fact that they did so without knowledge that they were breaking the law If committing an offence a guilty party cannot use as a defence the fact that they did so without knowledge that they were breaking the law Thanks Hammurabi ! Thanks Hammurabi !

17 CHARTER 100 This Prime Minister signed the Constitutional Act, 1982 which includes the Canadian Charter of Rights and Freedoms. This Prime Minister signed the Constitutional Act, 1982 which includes the Canadian Charter of Rights and Freedoms.

18 100 Points Pierre Elliot Trudeau Pierre Elliot Trudeau Trudeau’s governments were also instrumental in bilingualism, multiculturalism and “liberalizing” many laws including homosexuality, gambling, divorce. Trudeau’s governments were also instrumental in bilingualism, multiculturalism and “liberalizing” many laws including homosexuality, gambling, divorce.

19 CHARTER 200 The right for freedom of expression is covered by which section of the Charter? The right for freedom of expression is covered by which section of the Charter?

20 200 Points Section 2, Fundamental Freedoms. Section 2, Fundamental Freedoms.

21 CHARTER 300 Which of the following cases involved freedom of expression? Which of the following cases involved freedom of expression? a) R v Morgentaler b) R v Keegstra c) R v Zundel d) United States v. Burns

22 300 Points B & C – Both Zundel and Keegstra claimed their freedom of expression rights had been violated. B & C – Both Zundel and Keegstra claimed their freedom of expression rights had been violated. Only Zundel was deemed to have had his charter rights infringed upon. Only Zundel was deemed to have had his charter rights infringed upon.

23 CHARTER 400 This was the final section added to the Charter that allowed all but Quebec to agree to its passage. This was the final section added to the Charter that allowed all but Quebec to agree to its passage. Name the section # or what it is often called. Name the section # or what it is often called.

24 400 Points The section is #33 and is often regarded as the “Notwithstanding Clause”. The section is #33 and is often regarded as the “Notwithstanding Clause”. Ironically the use of this clause has been used successfully by Quebec to ban the use of languages other than French on signs. (The only major use of this clause) Ironically the use of this clause has been used successfully by Quebec to ban the use of languages other than French on signs. (The only major use of this clause)

25 CHARTER 500 Sauve v. Canada was a landmark Charter case dealing with what fundamental freedom? Sauve v. Canada was a landmark Charter case dealing with what fundamental freedom?

26 500 Points Sauve v. Canada dealt with voting rights for inmates, and therefore involved section 5, democratic rights. Sauve v. Canada dealt with voting rights for inmates, and therefore involved section 5, democratic rights.

27 CASES 100 This case which began in the mid-1980s was the test-case of Canada’s new Hate Crimes Law. This case which began in the mid-1980s was the test-case of Canada’s new Hate Crimes Law. The defendant was a former school teacher who taught that the Holcaust was a hoax to his students. The defendant was a former school teacher who taught that the Holcaust was a hoax to his students.

28 100 Points R v Keegstra R v Keegstra Keegstra was found guilty by a 4-3 count in the SCC. Keegstra was found guilty by a 4-3 count in the SCC. All the judges agreed Keegstra’s Freedom of Expression was violated, 4 believed the restriction was justified, the other 3 did not. All the judges agreed Keegstra’s Freedom of Expression was violated, 4 believed the restriction was justified, the other 3 did not.

29 CASES 200 The is case involved mobility rights, whereby the Canadian government refused to extradite to the United States. The is case involved mobility rights, whereby the Canadian government refused to extradite to the United States.

30 200 Points United States v. Burns United States v. Burns Initially the Minister of Foreign Affairs agreed to extradite to Canadian citizens to the U.S. to stand trial fo murder. Initially the Minister of Foreign Affairs agreed to extradite to Canadian citizens to the U.S. to stand trial fo murder. They defendents appealed to the Canadian government, as the death penalty was a strong possibility. They defendents appealed to the Canadian government, as the death penalty was a strong possibility.

31 CASES 300 In this case, the PLAINTIFF sued the government for the right to have someone assist her with her death citing her right to life, liberty and security of the person was being violated as well as her equality rights and she was subjected to cruel and unusual punishment. In this case, the PLAINTIFF sued the government for the right to have someone assist her with her death citing her right to life, liberty and security of the person was being violated as well as her equality rights and she was subjected to cruel and unusual punishment. What is the citation? Be careful. What is the citation? Be careful.

32 300 Points Rodriquez v Attorney General (Canada) Rodriquez v Attorney General (Canada) The SCC ruled AGAINST Rodriquez and upheld the law. It was a close 4-3 decision. The SCC ruled AGAINST Rodriquez and upheld the law. It was a close 4-3 decision. Rodriquez did have a doctor assist with her suicide, the police did not seriously investigate the crime. NO charges were laid. Rodriquez did have a doctor assist with her suicide, the police did not seriously investigate the crime. NO charges were laid.

33 CASES 400 This individual was charged with performing illegal abortions as outlined in the Criminal Code. This individual was charged with performing illegal abortions as outlined in the Criminal Code. HE challenged the law on the basis of S.7, the right to life, liberty and security of the person HE challenged the law on the basis of S.7, the right to life, liberty and security of the person

34 400 Points R v Morgentaler R v Morgentaler Morgentaler had endured a 20+ year legal battle over this issue. He had spent time in jail, his abortion clinics were bombed and his actions helped fuel the Pro-Life Movement. Morgentaler had endured a 20+ year legal battle over this issue. He had spent time in jail, his abortion clinics were bombed and his actions helped fuel the Pro-Life Movement. The SCC agreed with Morgentaler’s and asked the government to “redo” the abortion law to make it “Constitutional”. The SCC agreed with Morgentaler’s and asked the government to “redo” the abortion law to make it “Constitutional”. The governments have yet to act on this highly- charged issue. The governments have yet to act on this highly- charged issue.

35 CASES 500 The case that challenge Quebec language laws, forcing the government of Quebec to invoke the Notwithstanding Clause. The case that challenge Quebec language laws, forcing the government of Quebec to invoke the Notwithstanding Clause.

36 500 Points Ford v. Quebec Ford v. Quebec The courts sided with Ford and the business community, ruling Bill 101 in contravention of the Charter. The courts sided with Ford and the business community, ruling Bill 101 in contravention of the Charter. Quebec responded with the Notwithstanding Clause. Quebec responded with the Notwithstanding Clause.

37 SUPREME COURT 100 The number of justices on the Canadian Supreme Court The number of justices on the Canadian Supreme Court

38 100 Points Nine justices Nine justices Usually 7 or 9 judges will hear a case, the SCC will decide which cases to hear based on importance to the country. They will hear all types of law: Private and Public

39 SUPREME COURT 200 Who appoints Supreme Court justices in Canada? Who appoints Supreme Court justices in Canada?

40 200 Points The Prime Minister nominates justices. The Prime Minister nominates justices. Justices are selected from highly regarded members of the legal community. Justices are selected from highly regarded members of the legal community. While the initial appointment is political in nature, the justices are separate from the government (Cabinet & Parliament) While the initial appointment is political in nature, the justices are separate from the government (Cabinet & Parliament)

41 SUPREME COURT 300 What is it called when the Supreme Court rules that a statute law is “unconstitutional” and says that the law is of no force? What is it called when the Supreme Court rules that a statute law is “unconstitutional” and says that the law is of no force?

42 300 Points The law is “ Struck Down ”. The law is “ Struck Down ”. If the Court rules that part of the law is okay, but other parts need amending, then it is said to have been “Read Down” If the Court rules that part of the law is okay, but other parts need amending, then it is said to have been “Read Down”

43 SUPREME COURT 400 The Court goes through a process to determine the constitutional validity of the statute law. The Court goes through a process to determine the constitutional validity of the statute law. This test has been referred to as what? This test has been referred to as what?

44 400 Points The “ Oakes Test ”. The “ Oakes Test ”. This is named after David Oakes an individual who challenged the legality of “Guilty until Proven Innocent”. This is named after David Oakes an individual who challenged the legality of “Guilty until Proven Innocent”. The process the judges used in this case has become the standard process for all future cases. The process the judges used in this case has become the standard process for all future cases.

45 SUPREME COURT 500 What two tests do the Supreme Court Justices use when determining the constitutionality of a statute law? What two tests do the Supreme Court Justices use when determining the constitutionality of a statute law?

46 500 Points The Court assesses the: The Court assesses the: Objective Test—does the law meet an important government objective Objective Test—does the law meet an important government objective Proportionality Test—does the law impact rights and freedoms as little as possible? Proportionality Test—does the law impact rights and freedoms as little as possible?

47 HUMAN RIGHTS 100 This is the year in which Canada first had specific laws to govern human rights. This is the year in which Canada first had specific laws to govern human rights. John Diefenbaker was the Prime Minister who initiated the legislation. John Diefenbaker was the Prime Minister who initiated the legislation.

48 100 Points The year was 1960, the legislation was called the “Bill of Rights” The year was 1960, the legislation was called the “Bill of Rights”

49 HUMAN RIGHTS 200 This type of discrimination occurs when a seemingly neutral requiement has a discriminatory impact. This type of discrimination occurs when a seemingly neutral requiement has a discriminatory impact.

50 200 Points Constructive Discrimination Constructive Discrimination

51 HUMAN RIGHTS 300 Requiring a driver’s license in order to operate a vehicle for a delivery job is referred to as a job requirement. Requiring a driver’s license in order to operate a vehicle for a delivery job is referred to as a job requirement.

52 300 Points Bona Fide Bona Fide

53 HUMAN RIGHTS 400 Human Rights case that went to the OHRC Tribunal that determined reasonable accomodations for wheelchair-bound patrons at service facilities. Human Rights case that went to the OHRC Tribunal that determined reasonable accomodations for wheelchair-bound patrons at service facilities.

54 400 Points Huck v. Canadian Odeon Theatres Limited Huck v. Canadian Odeon Theatres Limited

55 HUMAN RIGHTS 500 In Canada, all groups were eventually allowed the right to vote. This group was the last to be “franchised”. Name the group and the year when they were allowed to vote.

56 500 Points Natives were the last to receive the vote and they became eligible in 1960.

57 HODGE PODGE 100 The Ontario Human Rights Code provides protection from discrimination. The Ontario Human Rights Code provides protection from discrimination. What is discrimination? What is discrimination?

58 100 Points Discrimination is defined as “acting on a prejudice or stereotype”. Discrimination is defined as “acting on a prejudice or stereotype”.

59 HODGE PODGE 200 The four fundamental freedoms in the Canadian Charter of Rights and Freedoms The four fundamental freedoms in the Canadian Charter of Rights and Freedoms

60 200 Points 2(a) Freedom of conscience and religion (b) Freedom of thought, belief, opinion and expression (b) Freedom of thought, belief, opinion and expression (c) Freedom of peaceful assembly (d) Freedom of association

61 HODGE PODGE 300 The major reason why the Canadian Bill of Rights failed. The major reason why the Canadian Bill of Rights failed.

62 300 Points Statute Law Statute Law Did not have the “power” to overturn other statute laws Did not have the “power” to overturn other statute laws Courts were unwilling to determine which statute was more “important” than the other. Courts were unwilling to determine which statute was more “important” than the other.

63 HODGE PODGE 400 What it is called when changes are made to the constitution. What it is called when changes are made to the constitution.

64 400 Points Amendments Amendments In order to amend the Canadian Constitution, 7/10 provinces must agree which includes at least 50% of the population (so must the federal government) In order to amend the Canadian Constitution, 7/10 provinces must agree which includes at least 50% of the population (so must the federal government)

65 HODGE PODGE 500 A preconceived opinion about a person who belongs to a particular group A preconceived opinion about a person who belongs to a particular group

66 500 Points Prejudice Prejudice Often confused with: Stereotyping—applying characteristics assumed to belong to one member of a group to all members of that group.


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