Deck 6: Rights and Freedoms

Question 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"?

A) Section 8
B) Section 1
C) Section 10
D) Section 5
E) Section 2

Answer 1

B

Question 2

How many Charter cases a year were decided by Canadian courts during the first decade after the Charter's passage?

A) 10
B) 500
C) 1,000
D) 100
E) 10,000

Answer 2

C

Question 3

How many Charter cases a year were decided by the Supreme Court of Canada during the first decade after the Charter's passage?

A) 90-100
B) Over 1,000
C) Over 500
D) 5-10
E) 20-30

Answer 3

E

Question 4

How many Charter cases did the Supreme Court decide per year between 2012 and 2017?

A) 10-20
B) 100-120
C) 60-80
D) 200-220
E) 1000-1100

Question 5

Which freedom would most likely be cited to support the idea that an individual has the right to picket their employer?

A) Freedom of the press
B) Freedom of expression
C) Freedom of religion
D) Freedom of character
E) Freedom of assembly

Question 6

What was the name of the significant 1948 United Nations' rights document?

A) The Declaration of International Political Rights
B) The Universal Declaration of Human Rights
C) The United Nations Charter of Rights
D) The Charter of Global Rights
E) None of the above

Question 7

Which of the following are considered political rights/fundamental freedoms?

A) Freedom of association
B) Freedom of the media
C) Freedom of religion
D) Freedom of assembly
E) All of the above

Question 8

What is the most recent-and arguably the most controversial-category of rights?

A) Indigenous rights
B) Equality rights
C) Economic rights
D) Democratic rights
E) Social rights

Question 9

What rights were protected in the Constitution Act, 1867?

A) Legal rights
B) Economic rights
C) Indigenous rights
D) Social rights
E) None of the above

Question 10

What rights are protected in the Constitution Act, 1982?

A) Democratic rights
B) Economic rights
C) Legal rights
D) Equality rights
E) All of the above

Question 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"?

A) Pierre Trudeau
B) Jean Marchand
C) John Turner
D) Jean Chrétien
E) Gérard Pelletier

Question 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?

A) Too many rights
B) Americanization of Canadian politics
C) Too much power for the Senate
D) A Liberal dynasty
E) The end of strong British ties

Question 13

In R. MacGregor Dawson's Constitutional Issues in Canada, 1900-1931, how many references to rights are there?

A) 100
B) 50
C) 15
D) 200
E) None

Question 14

What did the Accurate News and Information Act passed by the Alberta legislature in 1937 impose?

A) Sales tax
B) Daylight Savings Time
C) Censorship restrictions on newspapers
D) Road tolls
E) Industry regulations

Question 15

What year did the Canadian Bill of Rights become law?

A) 1930
B) 1960
C) 1867
D) 1875
E) 1918

Question 16

What was central in the Attorney

A) Tax loopholes
B) Prohibiting distribution of unapproved literature
C) Padlocking suspected socialist clubs
D) Voting rights
E) Public demonstrations

Question 17

What is the name of the notable two-part test related to section 1-on reasonable limits-of the Charter?

A) Oakes
B) BC Motor Vehicle Act
C) Keegstra
D) Big M Drug Mart
E) Morgentaler

Question 18

What was the crime committed in the Oakes case?

A) Drug trafficking
B) Robbery
C) Dangerous driving
D) Kidnapping
E) Murder

Question 19

What was the issue at the centre of the Ford v. Attorney

A) Drug trafficking
B) Robbery
C) Dangerous driving
D) Kidnapping
E) Murder

Question 20

What part of the Charter is the following quotation referring to: "What the Charter gives, the legislature may take away"?

A) Property rights
B) Oakes test
C) "Notwithstanding" clause
D) Section 1
E) Equality rights

Question 21

What sections of the Charter of Rights and Freedoms can the "notwithstanding" clause apply to?

A) Section 2
B) Section 3
C) Sections 7-15
D) Section 16
E) Both A and C

Question 22

Under what circumstances was the "notwithstanding" clause included in the Charter of Rights and Freedoms?

A) To increase the power of judges
B) At the insistence of the provinces
C) To guarantee respect for minority rights
D) Following a public rally at Parliament
E) At the insistence of the federal government

Question 23

Why did Saskatchewan's Conservative government use the "notwithstanding" clause in 1986?

A) To change parking laws
B) To force striking public servants back to work
C) To change language laws
D) To implement new environmental regulations
E) To avoid federal legislation on farming

Question 24

What did the Oakes case deal with?

A) Presuming a suspect guilty until proven innocent
B) Bill 101 in Quebec
C) Language issues in Manitoba
D) The educational rights of Roman Catholics
E) Indigenous rights

Question 25

What did the Supreme Court strike down as a result of The Queen v. Big M Drug Mart case in 1985?

A) Bill 101
B) The Lord's Day Act
C) Section 7 of the Charter
D) The reverse onus provision
E) Section 33 of the Charter

Question 26

What was the case of Harper v. Canada about?

A) Freedom of movement
B) Freedom of religion
C) The results of a contested election
D) Access to education
E) Freedom of expression

Question 27

Equality rights are contained in which section of the Charter of Rights and Freedoms?

A) Section 1
B) Section 24
C) Section 15
D) Section 33
E) Equality rights are not contained in the Charter.

Question 28

What has the Supreme Court ruled about discrimination based on sexuality?

A) It is something the government cannot stop.
B) It is analogous to discrimination based on the grounds enumerated in the Charter.
C) It is illegal in all provinces except Quebec.
D) It is a matter best dealt with in civil courts.
E) It is acceptable, as long as the discrimination does not result in physical assault.

Question 29

What did the 1990 Keegstra case deal with?

A) Right to a fair trial
B) Sunday shopping
C) Hate speech
D) Language rights
E) None of the above

Question 30

Which province inserted the "notwithstanding" clause into all laws passed between 1982 and 1985?

A) Ontario
B) New Brunswick
C) Quebec
D) Alberta
E) Saskatchewan

Question 31

Which policy area was affected by Alberta's 2000 invoking of the "notwithstanding" clause?

A) Public service appointments
B) Mandatory minimum prison sentences
C) Same-sex marriage
D) Health care
E) Education

Question 32

What did Lord Sankey compare the Canadian Constitution to?

A) An ocean
B) An island
C) A contract
D) The sands of time
E) A living tree

Question 33

The first Charter decision was on Law Society of Upper Canada v. Skapinker (1984). What was the central issue?

A) Admission to the Ontario Bar
B) Language rights
C) Religious rights
D) Being kicked out of a bar
E) Working at a bar

Question 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?

A) Section 15
B) Section 4
C) Section 33
D) Section 1
E) Section 7

Question 35

While ruled unconstitutional, what did the "reverse onus" provision require?

A) Governments to be responsible for all policies
B) The Crown to present all evidence
C) A defendant to prove their innocence of a charge
D) Ministers to be responsible to courts
E) Courts to be responsible to legislatures

Question 36

The Omar Khadr case created conflict between the Charter and which of the following?

A) The legislature
B) Section 33
C) The Crown
D) The Courts
E) None of the above

Question 37

What country's refugee crisis made front-page news in Canada in 2015?

A) Syria
B) Iraq
C) Chile
D) North Korea
E) Russia

Question 38

What was the central issue in the Re Education Act (1987) case?

A) Teachers' unions
B) School closures
C) Curriculum reform
D) Funding to Ontario's Roman Catholic schools
E) Full-day kindergarten

Question 39

What was the central issue in Egan v. Canada (1995) case?

A) Discrimination on the basis of sexual orientation
B) Discrimination on the basis of gender
C) Possession of narcotics
D) Discrimination on the basis of religion
E) Discrimination on the basis of ethnic background

Question 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"?

A) Egan v. Canada (1995)
B) M. v. H. (1999)
C) R. v. Keegstra (1990)
D) R. v. Kapp (2008)
E) Law v. Minister of Human Resources Development (1999)

Question 41

What party was in power in Alberta that led to the Alberta Press case, 1938?

A) Liberal
B) NDP
C) Wildrose
D) Social Credit
E) Progressive Conservative

Question 42

According to the opening words of the Charter of Rights and Freedoms, what are the courts invited to do?

A) Exercise judicial restraint
B) Override the decisions of legislatures whenever they wish
C) Adhere to the restrictions set out in the Charter
D) Consult with the House of Lords before rendering a verdict
E) Challenge parliamentary supremacy with their constitutional interpretations

Question 43

Which of the following is not a consideration in the Oakes test?

A) Whether someone accused of a crime should be considered innocent until proven guilty
B) Whether the extent of the limitation is proportionate to the importance of the government's objective
C) Whether a government's objective in limiting a right is sufficient to warrant such an encroachment
D) All of these are considerations of the Oakes test.
E) None of these are considerations of the Oakes test.

Question 44

With regard to hate speech, the Charter of Rights and Freedoms stresses which of the following?

A) Reluctance of courts to restrict hate speech on the grounds that the expression of some ideas contributes nothing to democratic life
B) The probability that actual harm may result
C) The content of the speech
D) The speaker's Constitutional right to speak his or her mind
E) All of the above

Question 45

What was the Supreme Court of Canada's first Charter decision?

A) The Queen v. Big M Drug Mart
B) Hogan v. The Queen
C) Marbury v. Madison
D) Attorney General of Canada and Dupond v. Montreal
E) Law Society of Upper Canada v. Skapinker

Question 46

What did the Supreme Court of Canada do in its first Charter decision?

A) Established the prominence of constitutional supremacy over parliamentary supremacy
B) Modelled its decision on a landmark US Supreme Court ruling
C) Made clear its position on judicial review of the Charter
D) Established the separation of power
E) Both B and C

Question 47

What ideology was targeted by a law passed by the Quebec government in 1937?

A) Populism
B) Communism
C) Socialism
D) Nationalism
E) Liberalism

Question 48

Court rulings on which of the following illustrate liberal treatment of individual rights in the Charter era?

A) Social rights challenges to constitutional and administrative law
B) Indigenous rights challenges to property law
C) Economic rights challenges to corporate law
D) Legal rights challenges to criminal law
E) Mobility rights challenges to environmental law

Question 49

Charter decisions have produced many important changes in law enforcement practices. They include which of the following?

A) Deeming writs of assistance unconstitutional
B) Restrictions of search and seizure powers
C) Dropping of criminal charges for not trying accused persons within a reasonable time
D) All of the above
E) None of the above

Question 50

Section 15 of the Charter does not extend to what type of discrimination?

A) In private-sector relationships
B) Based on age
C) In public-sector relationships
D) Based on sexual orientation
E) Section 15 extends to all of these

Question 51

Which hypothetical case was used by American Supreme Court Justice Oliver Wendell Holmes to explain the limits of free speech?

A) University teaching
B) Hate speech
C) An individual shouting "Fire!" when there is none in a crowded theatre
D) Heavy metal music
E) Adult films

Question 52

What did Supreme Court Justice Rosalie Abella say was rarely discussed in law school (which she graduated from in 1970)?

A) Developing and protecting rights
B) Administrative law
C) How to become a judge
D) Prison reform
E) Politics

Question 53

What did U.S. Supreme Court Justice Louis Brandeis famously express individuals have the right to?

A) To free speech
B) To be let alone
C) To territory
D) To arms
E) To vote

Question 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?

A) Environmental rights
B) Economic rights
C) Social rights
D) Equality rights
E) Language rights

Question 55

What set of rights includes citizens' rights to a job, economic security, public education, decent housing, and adequate health care?

A) Equality rights
B) Economic rights
C) Social rights
D) Environmental rights
E) Language rights

Question 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"?

A) Norway
B) Finland
C) Sweden
D) United States
E) Canada

Question 57

What percentage of Canadians surveyed in 1975 believed that sexual relations between two adults of the same sex was wrong?

A) 33 per cent
B) 43 per cent
C) 53 per cent
D) 63 per cent
E) 23 per cent

Question 58

What percentage of Canadians surveyed in 1985 believed that sexual relations between two adults of the same sex was wrong?

A) 32 per cent
B) 62 per cent
C) 42 per cent
D) 22 per cent
E) 52 per cent

Question 59

What percentage of Canadians surveyed in 1990 believed that sexual relations between two adults of the same sex was wrong?

A) 29 per cent
B) 39 per cent
C) 19 per cent
D) 59 per cent
E) 49 per cent

Question 60

What percentage of Canadians surveyed in 2000 believed that sexual relations between two adults of the same sex was wrong?

A) 12 per cent
B) 22 per cent
C) 42 per cent
D) 32 per cent
E) 52 per cent

Question 61

In Canada, many rights and freedoms are considered absolute.

Question 62

The Charter of Rights and Freedoms was passed in 1982.

Question 63

The Supreme Court of Canada has, on a number of occasions, declared that the Charter includes economic and property rights.

Question 64

In Canada, judges are appointed and can remain in their positions until the age of 75.

Question 65

There is an average of 500 Charter cases decided by the Supreme Court each year.

Question 66

The Bill of Rights applies to the federal and provincial levels of government.

Question 67

The "notwithstanding" clause allows provincial legislatures to override certain portions of the Charter of Rights and Freedoms.

Question 68

The case of Harper v. Canada (2004) dealt with freedom of expression.

Question 69

Equality rights are protected in section 15 of the Charter of Rights and Freedoms.

Question 70

Many critics of the Charter of Rights and Freedoms felt that it would "Americanize" Canadian politics.

Question 71

The Padlock Case was based on a law passed by the government of Quebec.

Question 72

The Oakes test has a four-part test.

Question 73

Bill 101 prohibited commercial advertising in languages in Quebec other than French.

Question 74

The Saskatchewan government invoked the "notwithstanding" clause in 1986 to pass a language law.

Question 75

Before becoming prime minister, Stephen Harper was the president of National Citizens' Coalition.

Question 76

The Charter has had little impact on Canadian politics.

Question 77

The Ford v. Attorney

Question 78

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.

Question 79

Before the 1970s, sexual relations between persons of the same sex constituted a punishable offence under the Criminal Code.

Question 80

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.