Case Study –

Relevant Amended law
Oaks Test
The Oakes case an also be found 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 competing social objectives and individual rights that the Supreme Court was asked to review in Canada (AG) v Bedford.(Short Answer approximately 100 words) (5marks)
b) How was the Oakes test applied in this case? (Short Answer approximately 100 words) (5marks)
c) What, in your estimation, was the most important ‘extrinsic evidence’ that the court had to assess in this case? Briefly explain your response. (Short Answer Approximately 100 words) (5marks)
d) What approach to judicial decision-making do you believe best captures the way this case was decided? Judicial Supremacy/Judicial Activism, or Constitutional Supremacy. Explain 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 ‘Coordinate-Construction?’ Explain your response. (Concepts discussed in Chapter 6) (Worth 10 marks)
f) In your opinion, i) does the Protection of Communities and Exploited Persons Act comply with the Court’s understanding of Section 7 of the Charter? Explain. 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 your response iii) In general, what branch of government (the legislative or the judiciary) should have the last word regarding the meaning of the Charter? Explain your response. (Worth 20 marks)