Case Study

Case http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/13389/in" rel="nofollow">index.do Relevant Amended law http://www.justice.gc.ca/eng/rp-pr/other-autre/protect/p1.html Oaks Test http://ojen.ca/sites/ojen.ca/files/resources/In%20Brief_STUDENT_Section%201%20and%20Oakes_0.pdf The Oakes case an also be found in" rel="nofollow">in chapter 4 page 77 as well Text Book Canadian Politics and government In the Charter ERA (Second Edition, Heather Maclvor) Please read the above case and legislative response and answer the questions below. a) Identify the competin" rel="nofollow">ing social objectives and in" rel="nofollow">individual rights that the Supreme Court was asked to review in" rel="nofollow">in Canada (AG) v Bedford.(Short Answer approximately 100 words) (5marks) b) How was the Oakes test applied in" rel="nofollow">in this case? (Short Answer approximately 100 words) (5marks) c) What, in" rel="nofollow">in your estimation, was the most important ‘extrin" rel="nofollow">insic evidence’ that the court had to assess in" rel="nofollow">in this case? Briefly explain" rel="nofollow">in your response. (Short Answer Approximately 100 words) (5marks) d) What approach to judicial decision-makin" rel="nofollow">ing do you believe best captures the way this case was decided? Judicial Supremacy/Judicial Activism, or Constitutional Supremacy. Explain" rel="nofollow">in your response. (Worth 10 marks) e) In your own estimation is the government’s response (Protection of Communities and Exploited Persons Act) an example of ‘Democratic Dialogue,’ ‘Judicial Monologue,’ or a ‘Coordin" rel="nofollow">inate-Construction?’ Explain" rel="nofollow">in your response. (Concepts discussed in" rel="nofollow">in Chapter 6) (Worth 10 marks) f) In your opin" rel="nofollow">inion, i) does the Protection of Communities and Exploited Persons Act comply with the Court’s understandin" rel="nofollow">ing of Section 7 of the Charter? Explain" rel="nofollow">in. ii) If this new legislation were to come before the Supreme Court (as a legislation sequel/second look case,) should the Court defer to the legislative branch? Explain" rel="nofollow">in your response iii) In general, what branch of government (the legislative or the judiciary) should have the last word regardin" rel="nofollow">ing the meanin" rel="nofollow">ing of the Charter? Explain" rel="nofollow">in your response. (Worth 20 marks)