Brooks Full Test Bank Chapter 7 Rights And Freedoms

CHAPTER 7

Rights and Freedoms

Multiple Choice Questions

1. What section of the Charter states that these rights and freedoms are "subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society"?
   1. Section 8
   2. Section 1
   3. Section 10
   4. Section 5
   5. Section 2
2. How many Charter cases a year were decided by Canadian courts during the first decade after the Charter's passage?
   1. 10
   2. 500
   3. 1,000
   4. 100
   5. 10,000
3. How many Charter cases a year were decided by the Supreme Court of Canada during the first decade after the Charter's passage?
   1. 90-100
   2. Over 1,000
   3. Over 500
   4. 5-10
   5. 20-30
4. How many Charter cases did the Supreme Court decide per year between 2012 and 2017?
   1. 10-20
   2. 100-120
   3. 60-80
   4. 200-220
   5. 1000-1100
5. Which freedom would most likely be cited to support the idea that an individual has the right to picket their employer?
   1. Freedom of the press
   2. Freedom of expression
   3. Freedom of religion
   4. Freedom of character
   5. Freedom of assembly
6. What was the name of the significant 1948 United Nations' rights document?
   1. The Declaration of International Political Rights
   2. The Universal Declaration of Human Rights
   3. The United Nations Charter of Rights
   4. The Charter of Global Rights
   5. None of the above
7. Which of the following are considered political rights/fundamental freedoms?
   1. Freedom of association
   2. Freedom of the media
   3. Freedom of religion
   4. Freedom of assembly
   5. All of the above
8. What is the most recent—and arguably the most controversial—category of rights?
   1. Indigenous rights
   2. Equality rights
   3. Economic rights
   4. Democratic rights
   5. Social rights
9. What rights were protected in the Constitution Act, 1867?
   1. Legal rights
   2. Economic rights
   3. Indigenous rights
   4. Social rights
   5. None of the above
10. What rights are protected in the Constitution Act, 1982?
    1. Democratic rights
    2. Economic rights
    3. Legal rights
    4. Equality rights
    5. All of the above
11. Which Minister of Justice famously stated in 1967 that "the view we take here is that there's no place for the state in the bedrooms of the nation"?
    1. Pierre Trudeau
    2. Jean Marchand
    3. John Turner
    4. Jean Chrétien
    5. Gérard Pelletier
12. During the 1980-81 debate on constitutional reform, critics of an entrenched charter of rights warned that entrenchment would lead to which of the following?
    1. Too many rights
    2. Americanization of Canadian politics
    3. Too much power for the Senate
    4. A Liberal dynasty
    5. The end of strong British ties
13. In R. MacGregor Dawson's Constitutional Issues in Canada, 1900-1931, how many references to rights are there?
    1. 100
    2. 50
    3. 15
    4. 200
    5. None
14. What did the Accurate News and Information Act passed by the Alberta legislature in 1937 impose?
    1. Sales tax
    2. Daylight Savings Time
    3. Censorship restrictions on newspapers
    4. Road tolls
    5. Industry regulations
15. What year did the Canadian Bill of Rights become law?
    1. 1930
    2. 1960
    3. 1867
    4. 1875
    5. 1918
16. What was central in the Attorney General of Canada and Dupond v. Montreal case?
    1. Tax loopholes
    2. Prohibiting distribution of unapproved literature
    3. Padlocking suspected socialist clubs
    4. Voting rights
    5. Public demonstrations
17. What is the name of the notable two-part test related to section 1—on reasonable limits—of the Charter?
    1. Oakes
    2. BC Motor Vehicle Act
    3. Keegstra
    4. Big M Drug Mart
    5. Morgentaler
18. What was the crime committed in the Oakes case?
    1. Drug trafficking
    2. Robbery
    3. Dangerous driving
    4. Kidnapping
    5. Murder
19. What was the issue at the centre of the Ford v. Attorney General of Quebec's decision?
    1. Property rights
    2. Language rights
    3. Political rights
    4. Mobility rights
    5. Economic rights
20. What part of the Charter is the following quotation referring to: "What the Charter gives, the legislature may take away"?
    1. Property rights
    2. Oakes test
    3. "Notwithstanding" clause
    4. Section 1
    5. Equality rights
21. What sections of the Charter of Rights and Freedoms can the "notwithstanding" clause apply to?
    1. Section 2
    2. Section 3
    3. Sections 7-15
    4. Section 16
    5. Both A and C
22. Under what circumstances was the "notwithstanding" clause included in the Charter of Rights and Freedoms?
    1. To increase the power of judges
    2. At the insistence of the provinces
    3. To guarantee respect for minority rights
    4. Following a public rally at Parliament
    5. At the insistence of the federal government
23. Why did Saskatchewan's Conservative government use the "notwithstanding" clause in 1986?
    1. To change parking laws
    2. To force striking public servants back to work
    3. To change language laws
    4. To implement new environmental regulations
    5. To avoid federal legislation on farming
24. What did the Oakes case deal with?
    1. Presuming a suspect guilty until proven innocent
    2. Bill 101 in Quebec
    3. Language issues in Manitoba
    4. The educational rights of Roman Catholics
    5. Indigenous rights
25. What did the Supreme Court strike down as a result of The Queen v. Big M Drug Mart case in 1985?
    1. Bill 101
    2. The Lord's Day Act
    3. Section 7 of the Charter
    4. The reverse onus provision
    5. Section 33 of the Charter
26. What was the case of Harper v. Canada about?
    1. Freedom of movement
    2. Freedom of religion
    3. The results of a contested election
    4. Access to education
    5. Freedom of expression
27. Equality rights are contained in which section of the Charter of Rights and Freedoms?
    1. Section 1
    2. Section 24
    3. Section 15
    4. Section 33
    5. Equality rights are not contained in the Charter.
28. What has the Supreme Court ruled about discrimination based on sexuality?
    1. It is something the government cannot stop.
    2. It is analogous to discrimination based on the grounds enumerated in the Charter.
    3. It is illegal in all provinces except Quebec.
    4. It is a matter best dealt with in civil courts.
    5. It is acceptable, as long as the discrimination does not result in physical assault.
29. What did the 1990 Keegstra case deal with?
    1. Right to a fair trial
    2. Sunday shopping
    3. Hate speech
    4. Language rights
    5. None of the above
30. Which province inserted the "notwithstanding" clause into all laws passed between 1982 and 1985?
    1. Ontario
    2. New Brunswick
    3. Quebec
    4. Alberta
    5. Saskatchewan
31. Which policy area was affected by Alberta's 2000 invoking of the "notwithstanding" clause?
    1. Public service appointments
    2. Mandatory minimum prison sentences
    3. Same-sex marriage
    4. Health care
    5. Education
32. What did Lord Sankey compare the Canadian Constitution to?
    1. An ocean
    2. An island
    3. A contract
    4. The sands of time
    5. A living tree
33. The first Charter decision was on Law Society of Upper Canada v. Skapinker (1984). What was the central issue?
    1. Admission to the Ontario Bar
    2. Language rights
    3. Religious rights
    4. Being kicked out of a bar
    5. Working at a bar
34. What section of the Charter of Rights and Freedoms did British Columbia's attorney general use to argue in the Reference re B.C. Motor Vehicle Act (1985) case?
    1. Section 15
    2. Section 4
    3. Section 33
    4. Section 1
    5. Section 7
35. While ruled unconstitutional, what did the "reverse onus" provision require?
    1. Governments to be responsible for all policies
    2. The Crown to present all evidence
    3. A defendant to prove their innocence of a charge
    4. Ministers to be responsible to courts
    5. Courts to be responsible to legislatures
36. The Omar Khadr case created conflict between the Charter and which of the following?
    1. The legislature
    2. Section 33
    3. The Crown
    4. The Courts
    5. None of the above
37. What country's refugee crisis made front-page news in Canada in 2015?
    1. Syria
    2. Iraq
    3. Chile
    4. North Korea
    5. Russia
38. What was the central issue in the Re Education Act (1987) case?
    1. Teachers' unions
    2. School closures
    3. Curriculum reform
    4. Funding to Ontario's Roman Catholic schools
    5. Full-day kindergarten
39. What was the central issue in Egan v. Canada (1995) case?
    1. Discrimination on the basis of sexual orientation
    2. Discrimination on the basis of gender
    3. Possession of narcotics
    4. Discrimination on the basis of religion
    5. Discrimination on the basis of ethnic background
40. Which Supreme Court decision included the following quotation: "Indeed, one may quite plausibly contend that it is through rejecting hate propaganda that the state can best encourage the protection of values central to freedom of expression, while simultaneously demonstrating dislike for the vision forwarded by hate-mongers"?
    1. Egan v. Canada (1995)
    2. M. v. H. (1999)
    3. R. v. Keegstra (1990)
    4. R. v. Kapp (2008)
    5. Law v. Minister of Human Resources Development (1999)
41. What party was in power in Alberta that led to the Alberta Press case, 1938?
    1. Liberal
    2. NDP
    3. Wildrose
    4. Social Credit
    5. Progressive Conservative
42. According to the opening words of the Charter of Rights and Freedoms, what are the courts invited to do?
    1. Exercise judicial restraint
    2. Override the decisions of legislatures whenever they wish
    3. Adhere to the restrictions set out in the Charter
    4. Consult with the House of Lords before rendering a verdict
    5. Challenge parliamentary supremacy with their constitutional interpretations
43. Which of the following is not a consideration in the Oakes test?
    1. Whether someone accused of a crime should be considered innocent until proven guilty
    2. Whether the extent of the limitation is proportionate to the importance of the government's objective
    3. Whether a government's objective in limiting a right is sufficient to warrant such an encroachment
    4. All of these are considerations of the Oakes test.
    5. None of these are considerations of the Oakes test.
44. With regard to hate speech, the Charter of Rights and Freedoms stresses which of the following?
    1. Reluctance of courts to restrict hate speech on the grounds that the expression of some ideas contributes nothing to democratic life
    2. The probability that actual harm may result
    3. The content of the speech
    4. The speaker's Constitutional right to speak his or her mind
    5. All of the above
45. What was the Supreme Court of Canada's first Charter decision?
    1. The Queen v. Big M Drug Mart
    2. Hogan v. The Queen
    3. Marbury v. Madison
    4. Attorney General of Canada and Dupond v. Montreal
    5. Law Society of Upper Canada v. Skapinker
46. What did the Supreme Court of Canada do in its first Charter decision?
    1. Established the prominence of constitutional supremacy over parliamentary supremacy
    2. Modelled its decision on a landmark US Supreme Court ruling
    3. Made clear its position on judicial review of the Charter
    4. Established the separation of power
    5. Both B and C
47. What ideology was targeted by a law passed by the Quebec government in 1937?
    1. Populism
    2. Communism
    3. Socialism
    4. Nationalism
    5. Liberalism
48. Court rulings on which of the following illustrate liberal treatment of individual rights in the Charter era?
    1. Social rights challenges to constitutional and administrative law
    2. Indigenous rights challenges to property law
    3. Economic rights challenges to corporate law
    4. Legal rights challenges to criminal law
    5. Mobility rights challenges to environmental law
49. Charter decisions have produced many important changes in law enforcement practices. They include which of the following?
    1. Deeming writs of assistance unconstitutional
    2. Restrictions of search and seizure powers
    3. Dropping of criminal charges for not trying accused persons within a reasonable time
    4. All of the above
    5. None of the above
50. Section 15 of the Charter does not extend to what type of discrimination?
    1. In private-sector relationships
    2. Based on age
    3. In public-sector relationships
    4. Based on sexual orientation
    5. Section 15 extends to all of these
51. Which hypothetical case was used by American Supreme Court Justice Oliver Wendell Holmes to explain the limits of free speech?
    1. University teaching
    2. Hate speech
    3. An individual shouting "Fire!" when there is none in a crowded theatre
    4. Heavy metal music
    5. Adult films
52. What did Supreme Court Justice Rosalie Abella say was rarely discussed in law school (which she graduated from in 1970)?
    1. Developing and protecting rights
    2. Administrative law
    3. How to become a judge
    4. Prison reform
    5. Politics
53. What did U.S. Supreme Court Justice Louis Brandeis famously express individuals have the right to?
    1. To free speech
    2. To be let alone
    3. To territory
    4. To arms
    5. To vote
54. What set of rights includes citizens' rights to clean air and water, to the preservation of wilderness areas, and to the protection of species diversity?
    1. Environmental rights
    2. Economic rights
    3. Social rights
    4. Equality rights
    5. Language rights
55. What set of rights includes citizens' rights to a job, economic security, public education, decent housing, and adequate health care?
    1. Equality rights
    2. Economic rights
    3. Social rights
    4. Environmental rights
    5. Language rights
56. Which country's constitution includes, "Every person has a right to an environment that is conducive to health and to natural surroundings whose productivity and diversity are preserved"?
    1. Norway
    2. Finland
    3. Sweden
    4. United States
    5. Canada
57. What percentage of Canadians surveyed in 1975 believed that sexual relations between two adults of the same sex was wrong?
    1. 33 per cent
    2. 43 per cent
    3. 53 per cent
    4. 63 per cent
    5. 23 per cent
58. What percentage of Canadians surveyed in 1985 believed that sexual relations between two adults of the same sex was wrong?
    1. 32 per cent
    2. 62 per cent
    3. 42 per cent
    4. 22 per cent
    5. 52 per cent
59. What percentage of Canadians surveyed in 1990 believed that sexual relations between two adults of the same sex was wrong?
    1. 29 per cent
    2. 39 per cent
    3. 19 per cent
    4. 59 per cent
    5. 49 per cent
60. What percentage of Canadians surveyed in 2000 believed that sexual relations between two adults of the same sex was wrong?
    1. 12 per cent
    2. 22 per cent
    3. 42 per cent
    4. 32 per cent
    5. 52 per cent

True or False Questions

1. In Canada, many rights and freedoms are considered absolute.
2. The Charter of Rights and Freedoms was passed in 1982.
3. The Supreme Court of Canada has, on a number of occasions, declared that the Charter includes economic and property rights.
4. In Canada, judges are appointed and can remain in their positions until the age of 75.
5. There is an average of 500 Charter cases decided by the Supreme Court each year.
6. The Bill of Rights applies to the federal and provincial levels of government.
7. The "notwithstanding" clause allows provincial legislatures to override certain portions of the Charter of Rights and Freedoms.
8. The case of Harper v. Canada (2004) dealt with freedom of expression.
9. Equality rights are protected in section 15 of the Charter of Rights and Freedoms.
10. Many critics of the Charter of Rights and Freedoms felt that it would "Americanize" Canadian politics.
11. The Padlock Case was based on a law passed by the government of Quebec.
12. The Oakes test has a four-part test.
13. Bill 101 prohibited commercial advertising in languages in Quebec other than French.
14. The Saskatchewan government invoked the "notwithstanding" clause in 1986 to pass a language law.
15. Before becoming prime minister, Stephen Harper was the president of National Citizens' Coalition.
16. The Charter has had little impact on Canadian politics.
17. The Ford v. Attorney General of Quebec case involved Doug Ford.
18. Under the influence of the United Nations Universal Declaration of Human Rights (1948), the term human rights has become commonly used designation for this bundle of rights and freedoms.
19. Before the 1970s, sexual relations between persons of the same sex constituted a punishable offence under the Criminal Code.
20. In R. MacGregor Dawson's Constitutional Issues in Canada, 1900-1931, published in 1933, there is not a single reference to the subject of rights.
21. The Supreme Court was unwilling to apply the Bill of Rights in the ruling of the case of Hogan v. The Queen (1975).
22. The "notwithstanding" clause was part of Ottawa's original Charter proposal.
23. Although the "notwithstanding" clause appears to provide governments with a constitutional escape hatch from much of the Charter, it has rarely had this effect.
24. Omar Khadr's case never reached the Supreme Court of Canada.
25. The judicial understanding of the separation of church and state is quite different between Canada and the United States.

Short Answer Questions

1. How busy have Canadian courts, including the Supreme Court, been in hearing Charter cases?
2. What have become known to be included in the common "bundle" of rights and freedoms?
3. What are two pre-charter rights cases and what is their significance?
4. What was the legacy of the Canadian Bill of Rights?
5. How does the two-part Oakes test work?
6. Which sections of the Charter of Rights and Freedoms does the "notwithstanding" clause apply to?
7. What is the scope and authority of the Charter of Rights and Freedoms?
8. How can the interests of the Charter and Crown collide?
9. What are some of the general principles of interpretation that guide the courts in Charter cases?
10. What are some of the important changes in law enforcement practices that Charter decisions have produced?
11. What were the details of R. v. N.S. (2012)?
12. What were the details of R. v. Keegstra (1990)?
13. What were the details of Harper v. Canada (2004)?
14. What were the details of R. v. Kapp (2008)?
15. What are the constitutional differences on hate speech between Canada and the United States?

Essay Questions

1. What difference(s) has the Charter of Rights and Freedoms made for the recognition and protection of rights in Canada?
2. Explain why the reasonable limits (section 1) and "notwithstanding" clause (section 33) were included in the Charter of Rights and Freedoms and the controversies that have been associated with each.
3. The scope of the application Charter of Rights and Freedoms and the authority of the courts in applying the Charter have proven to be considerable. Discuss these features of the Charter's influence in Canadian politics.
4. "The Charter has Americanized Canadian politics." Explain why you mainly agree or mainly disagree with this statement.
5. Briefly discuss three major Charter cases and the decisions that were made (if they have indeed been made).
6. What is the commonly used bundle of rights and freedoms?
7. Discuss the evolution of Canadian public opinion on same-sex marriage.
8. What was the significance of the Drybones case?
9. Explain Ontario Premier Doug Ford's use of the "notwithstanding" clause.
10. Discuss how the first Charter decision, Law Society of Upper Canada v. Skapinker (1984), contributed to our understanding of the scope and authority of the Charter.