CMN 3105

Question 1 (1 point)
Saved
In Ramsden, Ramsden argued that freedom of expression
includes the right to ______.
Question 1 options:
notify the public of community activities

advertise to the public
use posters as a means to communicate cultural values through public entertainment
use public property to affix posters
none of the above
Saved
Under the effect component of the Irwin Toy test, which of the
following is not one of the values underlying the vigilant
protection of free expression in Canadian society?
Question 2 options:
openness of government
institutions (ie. openness principle)
pursuit of truth
individual self-fulfillment
particiaption in the community
none of these options is correct
Saved
Based on the judgment in Ramsden, which of the following is a
correct statement?
Question 3 options:
the by-law was aimed at the consequences of the particular conduct in question and was not tied to
content
the by-law was aimed at the consequences of the particular conduct in question and was tied to content
the by-law was not aimed at the consequences of the particular conduct in question and was tied to
content
the by-law was not aimed at the consequences of the particular conduct in question and was not tied to
content
Saved
Which section of the Charter of Rights and Freedoms does Oakes
argue had been infringed?
Question 4 options:
s.1
s.2(b)
s.8
s.33(d)
Saved
Based on the Supreme Court's reasons for judgement in
Ramsden, which of the following is a correct statement?
Question 5 options:
in determining whether postering falls within the scope of s. 2(b), it must first be decided whether the
purpose of the impugned by-law is to restrict freedom of expression
in determining whether pamphleteering falls within the scope of s. 2(b), it must first be decided whether
the purpose of the impugned by-law is to restrict freedom of expression
in determining whether postering falls within the scope of s. 2(b), it must first be decided whether the
effect of the impugned by-law is to restrict freedom of expression
in determining whether pamphleteering falls within the scope of s. 2(b), it must first be decided whether
the effect of the impugned by-law is to restrict freedom of expression
Saved
In the first stage of the Irwin Toy test, expression is defined by
having multiple components. One of these is _________.
Question 6 options:
intention
content
purpose
effect
Saved
In its reasons for judgment in Ramsden, the Supreme Court drew
heavily on the reasons for judgment in Committee for the
Commonwealth of Canada. In Committee for the Commonwealth
of Canada, how many different tests were adopted for
determining whether the government-owned property at issue
was public or private in nature?
Question 7 options:
3
2
none of these opyions is correct
4
all 9 judges developed their own test
Saved
In Oakes, Oakes was challenging the constitutional validity of
what section of the Narcotic Control Act?
Question 8 options:
s.1
s.8
s.11(d)
s.33
Saved
Which of the following is the correct wording of s. 1 of the
Charter of Rights and Freedoms?
Question 9 options:
The Canadian Charter of Rights and Freedoms 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
The Canadian Charter of Rights and Freedoms sets out the rights and freedoms which are subject only to
such limits prescribed by law as can be demonstrably justified in a free and democratic society
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it within such
reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society
only to such limits prescribed by law as can be demonstrably justified as being reasonable in a free and
democratic society
only to such limits prescribed by law as can be reasonably justified in a free and democratic society
Saved
In A.G. (Nova Scotia) v MacIntyre, the majority of the Supreme
Court note in their reasons for judgment that, as is often the
case in a free and democratic society there are at play two
conflicting public interests. One of these has to do with
________.
Question 10 options:
civil liberties and the protection of the individual from publicity generated by media coverage of the
courts.
civil liberties and the protection of the individual from interference with the enjoyment of their property.
civil liberties and the protection of society from police activities which infringe on Charter rights and
freedoms.
civil liberties and the protection of the community from criminal activity through the administration of
justice.
Saved
According to the reasons for judgment in MacIntyre, when does
the need for confidentially disappear with respect to the issuing
of search warrants?
the need for confidentiality only disappears once the warrant has been executed and a judge approves
requests for access to the warrant and supporting documents
the need for confidentiality does not disappear once the warrant has been executed unless a judge
approves requests for access under freedom of information legislation
the need for confidentiality never disappears once the warrant has been
the need for confidentiality disappears once the warrant has been executed
Saved
According to the majority reasons for judgement in MacIntyre,
when is the curtailment of public accessibility to court
documents justified?
where the need to protect other social values is of superordinate importance

where the need to limit public scrutiny of court documents is an unreasonable limit on freedom of the
press
where to need to promote the open court principle is justified
where to need to promote the open court principle is unjustified
Saved
In the Ramsden case, the impugned bylaw failed the minimal
impairment requirement of the Oakes test because it:
prohibited postering on all government property

prohibited public protest on all government property
prohibited the distribution of pamphlets in all city streets
prohibited postering on all public property
none of the above
Saved
Based on the Supreme Court's judgment in Irwin Toy, which of
the following is a correct statement?
the Court held that a Quebec law that restricted advertising directed to children was valid law which
violated s. 2(b) of the Charter but could be justified under s.1
the Court held that a Quebec law that restricted advertising directed to children was valid law which did
not violate s. 2(b) of the Charter
the Court held that a Quebec law that restricted advertising directed to children was valid law which
violated s. 2(b) of the Charter that could not be justified under s.1
the Court held that a Quebec law that restricted advertising directed to children was not a valid law
because only the federal government has the jurisdiction to regulate broadcasting, therefore the Quebec
legislation was ultra vires
Saved
In the first stage of the Irwin Toy test, expression is defined by
having multiple components. One of these is _________.
truth
intent to communicate defamatory meaning
harm
actual malice
Saved
In Ramsden, the Court concluded that ________.
the complete ban on postering did not restrict expression as little as is reasonably possible
the complete ban on pamphleteering did restrict expression as little as is reasonably possible to achieve
the by-law's legislative objective
the complete ban on pamphleteering did not restrict expression as little as is reasonably possible to
achieve the by-law's legislative objective
the complete ban on postering was a reasonable infringement on Ramsden's Charter rights and freedoms
Saved
There are three values which which underpin freedom of
expression. These values are:
quest for truth, individual self- development, a rational connection between the means and objective
individual self-development, minimal impairment, participation in the community
quest for truth, individual self- development, participation in the community
individual self-development, a rational connection between the means and objective, participation in the
community
Saved
In the Ramsden case, the impugned city bylaw had the purpose
of:
preventing any interference with the primary use of the streets
restricting political expression
preventing urban blight
preventing any interference with the primary use of government property
restricting commercial expression
Saved
In an Oakes test analysis, even if the impugned legislation
satisfies all the previous steps, it can still fail the final step.
What is this final step?
the legislative objective is proportional when measured against the deleterious effects on the impugned
legislation
proportionality between the deleterious effects of the limiting measure on the right or freedom in question
and the legislative objective
the salutary effects of the limiting measure on the right or freedom in question is proportional to the
legislative objective
proportionality between the salutary effects of the limiting measure on the right or freedom in question
and the legislative objective
Saved
Based on your understanding of the reasons for judgment in
Canadian Newspapers v Canada, which of the following is a true
statement with respect to the provision of the Criminal Code at
issue?
The provision has a rational connection to the objective it is designed to serve but it imposes unjustifiable
limits on the media's rights
the provision lacks a rational connection to the objective it is designed to serve and it imposes
unreasonable limits on the media's rights
the provision lacks a rational connection to the objective it is designed to serve and imposes significant
and unreasonable limits on the media's rights
the provision has a rational connection to the objective it is designed to serve and imposes only minimal
limits on the media's rights
Saved
statement?
s. 442(3) of the Criminal Code infringes the accused's right to a public hearing guaranteed by s.11(d) of
the Charter
s. 442(3) of the Criminal Code does not infringe the accused's right to a public hearing guaranteed by
s.11(d) of the Charter
s. 442(3) of the Criminal Code does not infringe the accused's right to be presumed innocent by s.11(d) of
the Charter
s. 442(3) of the Criminal Code infringes the accused's right to be presumed innocent by s.11(d) of the
Charter
Saved
statement?
a discretionary provision under which a judge would retain the power to decide whether to grant or refuse
the ban on publication would be effective in attaining Parliament's pressing goal
the ban on publication would be a reasonable limit on the publicity rights of an accused in a sexual assault
proceeding under s. 2(b) of the Charter
the ban on publication would be a justifiable limit on the publicity rights of a complainant in a sexual
assault proceeding under s. 2(b) of the Charter
the ban on publication would be effective in protecting freedom of the press
Saved
Based on the Supreme Court's judgment in Irwin Toy, which of
the following is a correct statement?
in order to determine if a breach of section 2(b) had occurred one first had to determine whether the
conduct constituted non- violent activity which attempted to convey meaning
purpose of the legislation was to limit freedom of expression
in order to determine if a breach of section 2(b) had occurred one first had to determine whether the effect
of the legislation was to limit freedom of expression
legislation was inconsistent with s.1 of the Charter
Saved
In Canadian Newspapers, the respondent argues that the
publication ban does not infringe upon their Charter right as
minimally as possible because the publication ban is:
discretionary
dependent upon an application by a victim of sexual assault
constitutionally entrenched
contextual
Saved
Based on your reading of the Supreme Court's reasons for
judgement in Ramsden, Ramsden, while not denying the
offences he was charged with, took the position that the by-law
was unconstitutional because it was inconsistent with which
Charter guarantee?
the right to be presumed innocent until proven guilty

freedom of assembly
freedom of association (through a musical performance)
the right to be secure against unreasonable search or seizure
Saved
In Canadian Newspapers, the respondent is a newspaper
publisher who claims that its ________ has been infringed.
right of access to information

right to be secure against unreasonable search or seizure
freedom of association
freedom of journalistic expreesion
Saved
The purpose of the Oakes test is ultimately to determine
whether:
the limit imposed specifically on an individual's freedom of expression by a piece of legislation can be
justified
the limit imposed on an individual's constitutionally guaranteed rights and freedoms by a piece of
legislation can be justified
the Charter of Rights and Freedoms is a reasonable and justifiable piece of legislation
the government has the authority to make laws without due process
Saved
As stated in the Oakes case, section 1 of the Charter of Rights
and Freedoms has two functions: First, it ___________ the rights
and freedoms set out in the provisions which follow it; and
second, it states explicitly the ___________________ against which
limitations on those rights and freedoms may be measured.
defines, exclusive justificatory criteria

entrenches, guarantees
guarantees, exclusionary criteria
limits, guarantees
Saved
In A.G. (Nova Scotia) v MacIntyre, the majority of the Supreme
Court note in their reasons for judgment that, as is often the
case in a free and democratic society there are at play two
conflicting public interests. One of these has to do with
________.
the effective detection and proof of crime and the prompt apprehension and conviction of offenders.
the effective detection and proof of crime and the preservation of a suspect's reputation.
the effective detection and proof of crime and the prompt laying of criminal charges in an open court.
the effective exercise of police authority in executing search warrants on private property.
Saved
A key element in our study of media ethics is the 'open court'
principle. This principle assumes that public confidence in the
integrity of the court system and understanding of the
administration of justice is fostered by ________.
openness and full publicity

placing a reasonable limit on publicity
meeting the civil standard of proof in a court proceeding involving a Charter right or freedom
protecting freedom of expression
protecting an accused from an embarrassment as a valid basis for publication ban
Saved
The Irwin Toy test is applied in accordance with the following
piece of legislation:
section 30 (1) of the Broadcasting Act

section 2(b) of the Charter of Rights and Freedoms
section 248 of the Consumer Protection Act
section 11(d) of the Charter of Rights and Freedoms
none of thesse options is correct
Saved
In the Ramsden case, Ramsden's offence consisted of:
posting advertisements on public utility poles

posting advertisements for his band inside city hall
staging a protest in a main city street during rush hour
posting advertisements for a white supremacist rally on utility poles
Saved
A human activity will be deemed "expressive", and hence
protected by the Charter, if it:
is motivated by honest intention

if it satisfies the Oakes test
falls within the sphere of conduct protected by s.1 of the Charter
attempts to convey meaning
Saved
When determining whether freedom of expression has been
violated, the Irwin Toy test:
follows the Oakes test

precedes the Oakes test
is used in conjunction with section 8 of the Charter of Rights and Freedoms
is used in conjunction with section 12 of the Criminal Code
Saved
The second stage of the Oakes test is comprised of multiple
components. From the following choose the one that is one of
these components:
limiting measure
legislative objective
most drastic means
rational connection to the objective
reasnable limit
Saved
statement?
The mandatory ban on publication prevents the public or the press from attending trial proceedings; it
does, however, restrict publication of facts disclosing the complainant's identity
The mandatory ban on publication does not prevent the public or the press from attending trial
proceedings; it does, however, restrict publication of facts disclosing the accused's identity
proceedings; it only restricts publication of facts disclosing the details of the allegations
proceedings; it only restricts publication of facts disclosing the complainant's identity
Saved
Under the effect component of the Irwin Toy test, which of the
following is not one of the values underlying the vigilant
proetection of free expression in Canadian society?
pursuit of truth
individual self-fulfillment
participation in the community
openness of government institutions (i.e. the open courts principle)
Saved
According to the reasons for judgment in AG (Nova Scotia) v
Maclntyre, when does the need for confidentially disappear with
respect to the issuing of search warrants?
the need for confidentiality only disappears once the warrant has been executed and a judge approves
requests for access to the warrant and supporting documents
the need for confidentiality does not disappear once the warrant has been executed unless a judge
approves requests for access under freedom of information legislation
the need for confidentiality never disappears, even after the warrant has been executed
the need for confidentiality disappears once the warrant has been executed
Saved
According to the majority reasons for judgement in MacIntyre
which of the following is a correct statement?
in cases where a search warrant is issued but nothing is found, protection of the innocent is an overriding
social value
in cases where a search warrant is issued but nothing is found, protection of the accused is an overriding
social value
in cases where a search warrant is issued but nothing is found, protection of the open court principle is an
overriding social value
in cases where a search warrant is issued but nothing is found, protection of the presumption of innocence
is an overriding social value
Saved
In their reasons for judgment in MacIntyre, the majority argue
that the proper limits imposed on accessibility to search
warrants must be determined by several broad policy
considerations which include all of the following EXCEPT for:
protection of the administration of justice

the right of Parliament to withhold information from the general public
a strong public policy in favor of openness in respect of judicial acts
respect for the privacy of the individual

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CMN 3105

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Question 1 (1 point)

notify the public of community activities

where the need to protect other social values is of superordinate importance

prohibited postering on all government property

the right to be presumed innocent until proven guilty

right of access to information

defines, exclusive justificatory criteria

openness and full publicity

section 30 (1) of the Broadcasting Act

posting advertisements on public utility poles

is motivated by honest intention

follows the Oakes test

protection of the administration of justice

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