key legal cases
In which case did the Supreme Court of Canada address the issue of abortion rights, ultimately decriminalizing the procedure in Canada?
What is R. v. Morgentaler?
"In what year was the Canadian Constitution Act, originally known as the British North American Act, signed?"
1982 for the Canadian Constitution Act and 1867 for the British North American Act?"
What term describes the legal principle that all individuals are entitled to fundamental rights and freedoms, as protected under the Canadian Charter of Rights and Freedoms?
civil liberties
This act, passed in 1867, originally structured the Canadian government and was known as the foundational legal document of Canada before being renamed in 1982
What is the British North American Act (BNA Act)
What term describes the philosophy or theory of law?
Jurisprudence
This Supreme Court case from 2015 unanimously ruled that parts of the Criminal Code prohibiting assisted dying violated the Canadian Charter of Rights and Freedoms, specifically the right to life, liberty, and security of the person. This decision led to the amendment of Canadian laws regarding assisted suicide.
Carter v. Canada (Attorney General)
In 1929, this landmark legal decision by the Privy Council reversed a previous ruling, declaring that women were considered "persons" under Canadian law, allowing them to be appointed to the Senate. This decision was a significant victory for the women's rights movement in Canada.
Person's case
This 1988 Supreme Court case decriminalized abortion in Canada, reflecting a shift in societal values towards women's autonomy over their bodies
R. v. Morgentaler
In this year, the Constitution Act was passed, formally patriating Canada's constitution from Britain and introducing the Charter of Rights and Freedoms.
1982
What is the term for laws that are derived from a higher universal order, as theorized by some philosophers?
Natural law
Identify the case that set a precedent for gender equality in the workplace by addressing maternity leave and discrimination.
What is Brooks v. Canada Safeway Ltd.?
Identify the major legal document that Louis Brandeis used in 1908 to argue Muller v. Oregon, introducing social science as evidence in court
the Brandeis Brief
Named after a prominent feminist and jurist, this type of legal argument utilizes empirical data and social science research to advocate for legal change, as seen in the Muller v. Oregon case.
Brandeis Brief
This principle, meaning 'to stand by things decided,' refers to the legal obligation of courts to follow the decisions of higher courts in similar cases.
What is stare decisis
According to St. Thomas Aquinas, what type of law is described as the part of eternal law that applies to human actions?
Natural law
This 1982 Supreme Court case is celebrated for affirming the legal rights of individuals under the Canadian Charter of Rights and Freedoms, specifically involving the freedom of expression during a peaceful public demonstration.
R. v. Oakes
This philosophical theory, advocated by St. Thomas Aquinas, categorizes law into four types, including eternal and natural law.
Natural Law, Divine Positive Law, Human Positive Law, and Eternal Law
This concept, highlighted in the Brooks v. Canada Safeway Ltd. case, challenges traditional views on maternity leave and discrimination, demonstrating evolving attitudes towards gender equality in the workplace.
pregnancy rights and gender discrimination laws
This legal document, crucial in shaping Canadian federalism and constitutional law, was significantly amended in 1982 to include the Charter of Rights and Freedoms.
the Canadian Constitution Act (1982)
What legal principle, discussed by Thomas Hobbes, suggests that a ruler's or government's power should be limited to protect citizens?
Restraint of Power.
Name the case that utilized the "Brandeis Brief" for the first time, significantly impacting the acceptance of non-legal evidence in courtrooms and focusing on the working conditions of women.
What is Muller v. Oregon?
This act, enacted in 1937 and repealed in 1972, reflected a dark period in Canadian legal history, where the government sanctioned sterilization of individuals deemed unfit for reproduction, primarily targeting those in psychiatric hospitals. The act was part of a broader eugenics movement that sought to improve the genetic quality of the human population through selective breeding.
Sexual sterilization act of Alberta
Identify the legal doctrine that was challenged by the Canadian Constitution Act of 1982, signifying a transformative shift in Canada's approach to sovereignty and the incorporation of a charter of rights and freedoms.
parliamentary supremacy
This process, completed in 1982, involved transferring the authority over the constitution from Britain to Canada, allowing Canada complete sovereignty and the ability to amend its constitution internally
patriation
What legal concept, introduced by Louis Brandeis, involves using empirical data and social science in court arguments?
The Brandeis Brief.