Name that Case
In this case, the Supreme Court of Canada set out the two part test to be used by courts to determine whether a Charter right or freedom can be limited by section 1.
What is R. v. Oakes?
This section of the Charter states that the Charter 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.
What is Section 1?
A promise made on the Bible or other holy book to tell the truth in court.
What is an oath?
The legal ability to give oral evidence in a hearing.
What is competence?
In this case, the Supreme Court of Canada revised the test used to determine whether the admission of evidence obtained through a charter violation would bring the administration of justice into disrepute.
What is Grant?
This section of the Charter is known as the remedy for evidence
What is Section 24(2)?
If a piece of real evidence is too large to be brought into a courthouse, the judge will order this
What is a view?
The questioning of a witness by opposing counsel after examination-in-chief
What is cross-examination?
This case was discussed in class to demonstrate an example of a situation where documentary evidence could not be authenticated because the individual who took the photograph in question could not be identified.
What is R. v. Andalib-Goortani?
The test that is used to establish whether there is a connection between a Charter breach and the obtaining of evidence
What is the chain of events test?
A largely out-dated rule that the original document must be presented in evidence if it is available
What is the best evidence rule?
A formal, legal document requiring a witness to appear at a hearing in a civil case
What is a summons?
This case was discussed to illustrate the circumstances in which a view may be used.
What is Air India?
Government arguments often fail at this stage of the Oakes test.
What is minimal impairment?
Establishing that the document is truly what it purports to be.
What is authentication?
The two aspects of determining competence.
What are capacity and responsibility?
In this recent 2021 Supreme Court of Canada decision discussed in class, the Supreme Court of Canada reaffirmed the use of the Grant Test in determining whether the admission of evidence obtained through a Charter violation would bring the administration of justice into disrepute
What is R. v. Reilly?
Section 33 of the Charter permits governments in Canada to expressly declare any statute valid despite guarantees contained in s. 2 and ss. 7 to 15. This section of the Charter is also known as:
What is the notwithstanding clause?
Documentary evidence is a subset of this type of evidence
What is real evidence?
Attacks on __________ imply that the witness is trying to deceive the trier of fact.
What is credibility?