Study Questions: Chapter 6

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1. What is the difference between rights and freedoms?

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2. In what ways have people with economic interests made attempts to fit their claims under non-economic provisions of the Charter?

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3. What are the possible unintended consequences of a group’s reliance on the concepts and interpretation of the legal system for achieving its objectives?

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4. Why was the Canadian Bill of Rights a disappointment for civil libertarians?

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5. The Oakes test involves which two criteria?

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6. Why has the notwithstanding clause only been used on a handful of occasions?

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7. How has business benefited more than labour from the interpretation of the Charter by the courts?

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8. Why has the issue of when and how far judges should involve themselves in the determination of public policy become increasingly prominent?

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9. What is the significance of the Supreme Court’s decision in R. v. Kapp in 2008?

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10. How is hate speech dealt with differently by the law and judicial interpretation in Canada and the United States?

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