you will be required to answer the questions in full sentences and in essay format

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you will be required to answer the questions in full sentences and in essay format

  1. What is the rule of law? How was it applied in Roncarelli v Duplessis (SCC 1959)? Do you agree with the outcome and why?
  2. A town in Ontario recently passed a by-law prohibiting street musicians from playing music within 50 metres of all local businesses. The street musicians challenged the by-law in court arguing that it was unconstitutional.

    You are the judge in this dispute. You agree that the freedom of expression rights of the musicians have been infringed under section 2(b) of the Canadian Charter of Rights and Freedoms. Write your judgment as to whether the by-law can be upheld as a reasonable limit under section 1 of the Charter.

    Section 1 of the Charter provides: 1. 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.

  3. Critically assess Peter Russell’s article entitled “The Politics of Law.” What are his major arguments? What are the strengths and weaknesses of the article?
  4. It can be argued that the wording of the Canadian Charter of Rights and Freedoms is broad and should be applied in ways that adapt and grow with society. Explain and critically assess the significance of this argument in relation to Section 7 of the Charter in the context of prostitution and/or euthanasia.
  5. Section 8 states that “everyone has the right to be secure against unreasonable search and seizure”. Define and explain what “reasonable expectation of privacy” means in the context of Section 8 of the Charter. How have the Courts come to define what a reasonable expectation of privacy is? Use case examples to demonstrate your point.
  6. What is Section 24(2) of the Charter? How has this Section been defined in common law? What are its strengths? What are its weaknesses?

 

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