Question 1
Which of the following will a judge not apply in a Canadian court?
◦ statute law
◦ equitable principles
◦ Roman law
◦ constitutional law
◦ common law principles
Question 2
In order to address the problem of illegal drugs being sold on university campuses across the country, the federal government passed a law allowing police officers to search student backpacks in order to seize any drugs found. The new law does not require that the police have any reasonable or probable grounds but rather allows them to search "whoever they want whenever they want." John Phillips was the first individual charged under the new law. His lawyer's attempt to have the law ruled unconstitutional will likely:
◦ fail because the university also passed a by-law supporting the police entitlement to search backpacks and seize drugs.
◦ succeed because the federal government does not have the constitutional jurisdiction to make criminal law.
◦ succeed. The law will be struck down and held to be void given the broad and unreasonable nature of the search and seizure powers violating John's legal rights under the Charter.
◦ fail because illegal drug use is a serious issue on university campuses and the wide search powers constitute a reasonable exception to our Charter rights.
◦ fail because the federal government failed to employ the section 33 "notwithstanding" clause.
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