Communities and Public Law


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
  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.
  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?
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