Unit 2: Rights and Freedoms CLN4U1

Notebook Check #2

Create a Flip and record yourself answering the following questions. Your response
should be a maximum of 7 minutes.

Flip Group Link: https://flip.com/44ece4ba

Submit your notes to Brightspace as well as your Flip recording to Flip by Tuesday April
9, 11:59pm

Charter and You

1. Which section of the Charter did you identify as the most important? Explain the
scope of the section and how it relates to/impacts your life.

2a Freedom of Conscience & Religion

You can pray and worship ( or not ) how ever and who ever you want

I can freely pray in school and at my work

Section 1 The Oakes Test

1. Explain how section 1 of the Charter works.
2. Using the Oakes Test chart, examine the R. v. Lepage case. Determine whether
the law constitutes a reasonable limit on the Charter right.

1) Charter rights can be limited as long as the limit is reasonable

2) —-------------------------------------------------------------------------------

Section 2B Fundamental Freedoms

1. Using the Fundamental Freedoms Charter Cases worksheet, explain the case
you studied.
2. Choose one of the three discussion questions you wrote and provide your own
response.

1)
 Dagenais v. CBC

​ Charter Right:
​
​ Section 2(b) ( the right to freedom of expression) of the Canadian Charter of
Rights and Freedoms.
​
​ Facts and Background:
​
● CBC released a documentary about a criminal trial with the accused
individuals in it.

● The documentary included intervievs with the witnesses while their

identities were under the protection of the court ordered publication bans

● The аccused individuals requested court to prevent the broadcast of the

documentary, arguing that it would compromise their right to a fair trial.

● The court granted the request which led to CBC's appeal.

​
​ Legal Arguments:
​
● CBC: Аrgued that the request violаted their freedom of expression аs
guaranteed under Section 2(b) of the Charter.

● Court: Justified the request on the grounds of protecting the order of

the triаl process and ensuring the аccused's right to a fair trial.
​
​ Court Decision:
● The Supreme Court of Canada upheld the request but clarified the
principles of further publication bans and prior restraints.

2) Do you think the decision in Dagenais v. CBC protects both the right to a fair trial
and the freedom of the press? Why or why not?
The decision in the Dagenais vs CBC case tried to deal with the right to a fair trial
and freedom of thr press at the same time by trying to balance everything. It tried to
protect fairness of the trials by limiting the information that could affect them. But it
also may have restricted press freedom by limiting what CBC could and couldn't
report.