Communities and Public Law

1

Please answer the following ten short-answer questions. Your answers must be
submitted via the course eClass page before 4:00 PM on June 23, 2022. Late
submissions will not be graded. Your answers should be written in ordinary prose,
using your own words – i.e., you should always write in complete sentences; you
should never copy or cut-and-paste; and you should provide a citation if you have
directly quoted someone else’s words. Good luck!

1. Describe the function of prerogative writs in administrative law.
2. According to the Baker test, what are the factors that determine the extent of
   the duty of fairness when an administrative decision is being made?
3. According to the Vavilov framework, what factors must a judge consider
   when deciding whether an administrative decision was reasonable or
   unreasonable?
4. What is the Crown’s duty to consult? In what circumstances does it arise?
5. In Canada (Public Safety and Emergency Preparedness) v. Chhina, the
   Supreme Court held that the chambers judge should have considered an
   immigration detainee’s application for habeas corpus. Briefly describe the
   reasons given for the majority’s decision.
   2
6. In Canada (Citizenship and Immigration) v. Harkat, the Supreme Court
   upheld the security certificate scheme struck down seven years before in
   Charkaoui v. Canada (Citizenship and Immigration). Considering the
   changes to the security certificate scheme enacted by Parliament after
   Charkaoui, do you believe Harkat was decided correctly?
7. How do a true crime, a strict liability offence, and an absolute liability
   offence differ from one another?
8. In R. v. Gladue, the Supreme Court identified two principles a judge must
   consider when sentencing an Indigenous offender. Describe those principles.
9. Why have conservatives been critical of the Court Challenges Program?
   10.In Canada (Attorney General) v. Downtown Eastside Sex Workers United
   Against Violence Society, the Supreme Court identified three conditions an
   individual or group must meet to qualify for public interest standing before
   the courts. What are those conditions?