About: Operation Dismantle v R

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Operation Dismantle v R [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.

Attributes	Values
rdfs:label	Operation Dismantle c. La Reine (fr) Operation Dismantle v R (en)
rdfs:comment	Operation Dismantle c. La Reine est un arrêt de principe de la Cour suprême du Canada rendu en 1985 concernant le contrôle judiciaire de la prérogative royale. (fr) Operation Dismantle v R [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. (en)
dcterms:subject	1985 in international relations 1985 in Canadian case law 1985 in the environment Section Seven Charter case law Supreme Court of Canada cases
Wikipage page ID	2771956 (xsd:integer)
Wikipage revision ID	641513114 (xsd:integer)
Link from a Wikipage to another Wikipage	Bertha Wilson Brian Dickson 1985 in international relations Government of the United States Cruise missile 1985 in Canadian case law 1985 in the environment Section Seven Charter case law Section Seven of the Canadian Charter of Rights and Freedoms Nuclear warfare Supreme Court of Canada cases Supreme Court of Canada Canadian Charter of Rights and Freedoms Separation of powers Responsible government Political question Section Twenty-four of the Canadian Charter of Rights and Freedoms Canadian law Section Thirty-two of the Canadian Charter of Rights and Freedoms Chief Justice of the Supreme Court of Canada
sameAs	Operation Dismantle v R Operation Dismantle v R Operation Dismantle v R Operation Dismantle v R
dbp:wikiPageUsesTemplate	dbt:Canada-law-stub dbt:SCCInfoBox dbt:Lexum-scc2
docket	18154 (xsd:integer)
JoinMajority	Estey, McIntyre, Chouinard and Lamer JJ. (en)
citations	[1985] 1 SCR 441 (en)
history	Appeal from the Federal Court of Appeal (en)
majority	Dickson J. (en)
has abstract	Operation Dismantle c. La Reine est un arrêt de principe de la Cour suprême du Canada rendu en 1985 concernant le contrôle judiciaire de la prérogative royale. (fr) Operation Dismantle v R [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. (en)
case-name	Operation Dismantle v R (en)
Concurrence	Wilson J. (en)
decided-date	1985-05-09 (xsd:date)
heard-date	0001-02-14 (xsd:gMonthDay)
NotParticipating	Laskin CJ. and Ritchie and Beetz JJ. (en)
ruling	Appeal dismissed. (en)
SCC	1982 (xsd:integer)
prov:wasDerivedFrom	wikipedia-en:Operation_Dismantle_v_R?oldid=641513114&ns=0
page length (characters) of wiki page	2660 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Operation_Dismantle_v_R
is Link from a Wikipage to another Wikipage of	Bertha Wilson Operation Dismantle v. The Queen Gordon Henderson (lawyer) List of Supreme Court of Canada cases (Dickson Court)
is Wikipage redirect of	Operation Dismantle v. The Queen
is foaf:primaryTopic of	wikipedia-en:Operation_Dismantle_v_R

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