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- Operation_Dismantle_v._The_Queen abstract "Operation Dismantle v. The Queen [1985] 1 S.C.R. 441 is a decision by the Supreme Court of Canada where the court rejected a section 7 Charter challenge against the government for allowing the US government to test cruise missiles over Canadian territory.It was argued that the use of cruise missiles by the US government increased the risk of nuclear war and that Canada's participation made Canada a more likely target.Chief Justice Brian Dickson, writing for the majority, struck down the claim on the basis that given the unpredictability of foreign policy decisions of sovereign nations, suggestion of an increase in danger can only be speculative. It would be impossible to prove a causal link between the testing and the increased threat.In her reasons, Wilson J. dismissed the use of the political question in Canadian law. She examined the jurisprudence behind the doctrine identified its basis in the core US constitutional principle of the separation of powers. She distinguished this from Canadian constitutional law where separation is not a core principle, but rather is only secondary. Instead, there is a foundation in overlap between the branches as demonstrated in the system of responsible government. Wilson concludes that section 24 of the Charter requires judicial review of the executive branch of the government. For an issue to be justiciable the question must raise a legal issue. She further noted that exercise of the royal prerogative can be judicially reviewed under section 32 of the Charter.".
- Operation_Dismantle_v._The_Queen wikiPageID "2771956".
- Operation_Dismantle_v._The_Queen wikiPageRevisionID "603770303".
- Operation_Dismantle_v._The_Queen caseName "Operation Dismantle v. The Queen".
- Operation_Dismantle_v._The_Queen citations "[1985] 1 SCR 441".
- Operation_Dismantle_v._The_Queen concurrence "Wilson J.".
- Operation_Dismantle_v._The_Queen decidedDate "1985-05-09".
- Operation_Dismantle_v._The_Queen docket "18154".
- Operation_Dismantle_v._The_Queen fullCaseName "Operation Dismantle v. The Queen.".
- Operation_Dismantle_v._The_Queen hasPhotoCollection Operation_Dismantle_v._The_Queen.
- Operation_Dismantle_v._The_Queen heardDate "--02-14".
- Operation_Dismantle_v._The_Queen history "Appeal from the Federal Court of Appeal".
- Operation_Dismantle_v._The_Queen joinmajority "Estey, McIntyre, Chouinard and Lamer JJ.".
- Operation_Dismantle_v._The_Queen majority "Dickson J.".
- Operation_Dismantle_v._The_Queen notparticipating "Laskin CJ. and Ritchie and Beetz JJ.".
- Operation_Dismantle_v._The_Queen ruling "Appeal dismissed.".
- Operation_Dismantle_v._The_Queen scc "1982".
- Operation_Dismantle_v._The_Queen subject Category:1985_in_Canadian_case_law.
- Operation_Dismantle_v._The_Queen subject Category:1985_in_international_relations.
- Operation_Dismantle_v._The_Queen subject Category:Supreme_Court_of_Canada_case_articles_without_infoboxes.
- Operation_Dismantle_v._The_Queen subject Category:Supreme_Court_of_Canada_cases.
- Operation_Dismantle_v._The_Queen subject Category:Section_Seven_Charter_case.
- Operation_Dismantle_v._The_Queen comment "Operation Dismantle v. The Queen [1985] 1 S.C.R.".
- Operation_Dismantle_v._The_Queen label "Operation Dismantle v. The Queen".
- Operation_Dismantle_v._The_Queen sameAs m.081snz.
- Operation_Dismantle_v._The_Queen sameAs Q7096993.
- Operation_Dismantle_v._The_Queen sameAs Q7096993.
- Operation_Dismantle_v._The_Queen wasDerivedFrom Operation_Dismantle_v._The_Queen?oldid=603770303.
- Operation_Dismantle_v._The_Queen isPrimaryTopicOf Operation_Dismantle_v._The_Queen.