Flashcards in 5.1 Deck (42):
When did Trudeau regain control of the Prime Minister office? What was his objective?
February of 1980. He wanted a patriated Constitution that would include a guarantee of rights and freedoms.
Why would a patriated Constitution be a major change in Canada?
Because Canada's legal system was teh British system (Parliament had the final say on all laws). With the charter, the Supremem court would have power over parliament.
Why didn't Quebec (and other provinces) not like the constitution?
They felt that the new constitution would restrict their powers and form a more centralized gov't and Quebec also feared that the new constitution would hurt Bill 101, The Charter of the French Language.
What was the Gang of Eight?
Premiers that were against the charter.
When did the Gang of Eight fall apart?
When Quebec sided with the federal gov't.
What was the Kitchen Accord?
The important players met in a pantry of the hotel they were staying at, all except Quebec's Levesque as he was at another hotel.
What is the Kitchen Accord known as in Quebec and why?
"Night of the Long Knives" because Rene Levesque felt stabbed in the back.
What are the 4 Aboriginal rights that were defined in the charter?
1) Defining Aboriginal peoples
2) Defined treaty rights as included rights by land claims that would be negotiated in the future
3) Treaty rights are guaranteed equally to men and women, which is a change from previous history
4) Have to include Aboriginal leader in future constitutional discussions
What is the supreme law of Canada?
The Constitution so all other laws must be consistent with the rules set out in the Constitution.
What is Canada's most important law?
What does the Charter allow gov'ts to put limits on?
The Charter rights
What does Section 1 of the charter say?
Other laws may limit the rights and freedoms in the Charter so long as those laws are reasonable and justified in a free and democratic society.
When did the Charter come into effect? What was it a part of?
April 17, 1982
A part of a package of reforms contained in a law called the Constitution Act of 1982
When did Section 15 come into effect? Why did it come in later?
April 17, 1985 to allow the government's three years to bring their laws into line with the equality rights in section 15.
How many sections are in the Charter? What do they define?
34 that define the relationship between people, organizations, and companies in Canada and the gov't.
The charter applies to, or has authority over relationships between the gov't which includes:
-legislative, executive, and administrative branches of federal and provincial gov't
-crown corporations (ex. post office)
-federally incorporated companies or organizations regulated by the federal gov't
How many justices in the SUpreme Court of Canad are responsible for interpreting and enforcing the Charter?
What does section 24 of the charter give peopl/
People who believe their Charter RIghts have been violated the rights to challenge the gov't in court.
What was the role of courts before the charter?
Interpret existing law, rather than to uphold the rights of citizens
To decide whether a case will be hear, the SCC asks:
-is the right in question covered under the Charter?
-is the violation or infringement within a reasonable limit?
What is third-party participants or "friends of the court" in legal proceedings?
Individuals or organizations that have a special interest in the proceedings and are permitted to promote their own views.
What does the federal or provincial gov'ts have to prove it they want to pass a law that limits a Charter right?
That this limitation can be justified in a free and democratic society.
What and when was the Oakes Test? What are the four points?
-SCC Case gives criteria for establishing whether a reasonable limit can be justified in a free and democratic society.
1) reason for omitting Charter must be important enough to justify a constitutionally protected right
2) measure carried out to limit the right must be reasonably and logically connected to the objective for which it was enacted
3) right must be limited as little as possible
4) the more severe the right limitation, the more important the object must be
What is Section 2 of the Charter?
Freedom of Conscience and Religion
What are the 4 points of Section 2?
1) freedom of conscience and religion
2) freedom of thought, belief, opinion, and expression including freedom of the press and other communication
3) freedom of peaceful assembly
4) freedom of association
What does freedom of Conscience and Religion mean?
You have the right to entertain the religious beliefs you choose, to declare these beliefs openly, and to express your religious beliefs through practice, worship, teaching, and dissemination
What is Freedom of Thought and Expression? What else does it include?
Freedom of the press and media
Free to think and believe what you want and to publicly express your opinion through writing, speech, painting, photography, and other means.
What is the keystone of democracy?
Freedom of expression
What is freedom of peaceful assembly?
Right to peaceably assemble such as a orderly demonstration or a group of picketers versus an unlawful assembly of riot.
How is something classified as a riot?
The unlawful assembly must consist of 12 or more persons under the Criminal Code, an assembly can be dispersed if it disturbs the peace
What is freedom of association?
Closely connected to freedom of assembly--ability to connect with other people or groups such as unions, political parties, cultural groups, educational organizations, or sporting clubs.
Why did Trudeau want the Charter?
He wanted a charter because he wanted to Patriate the constitution and this would change the role of parliament as they would no longer have the final word on all laws.
Why did Bennett and Lougheed not want Aboriginal or treaty rights in the constitution?
They didn't want aboriginal or treaty rights in the constitution because they were afraid that the guarantee was too vague and that it might lead to many new demands on federal and provincial governments.
List 5 specific reasons why the Constitution Act of 1982 is so important in Canadian history?
The constitution act of 1982 is so important in Canadian history because: 1) it was the first time in Canadian history that a major constitution change had been made without approval of the Quebec government. 2) it was the first time in history that Canada had control over its most important legal documents. 3) all Canadians including Aborignals had a constitutional guarantee of rights for the first time. 4) guaranteed French and English families the right to receive education in their own language anywhere in the country. 5) allow s provinces to “opt out” of certain charter rights through the notwithstanding clause.
What are a few examples of rights within the constitution?
Equality rights, democratic rights, legal rights.
What are a few examples of fundamental freedoms within the constitution?
Freedom of expression, freedom of religion, freedom of thought.
What happened in PEI because of the PEI French school board ruling?
Several francophone families in PEI wanted a French language school in their community because the children were being bussed to the closest school which was almost 100 km away. The gov’t of PEI denied the request so the families turned to the court which ruled that bussing the children was not adequate and that the Ministry of Education had to build a French school in the area. It changed the way that the government across Canada look at minority education.
What did Stephen Harper's gov't do with the same sex section of the Charter? Did they win?
In 2007 Stephen “Hitler” Harper plus his government (Nazis) introduced a motion to restore the traditional definition of marriage but the motion was defeated in the House of Commons.
What is Bill 94 and what are the ethical dimensions of Billl 94?
Bill 94 was proposed by the Quebec gov't which proposed a ban on face coverings in any government-funded building, including hospitals, government-subsidized high schools, and universities. The bill was proposed in the name of "public security, communication, and identification" and was the first of its kind in North America.
The ethical dimensions are that it goes against the part of the charter which talks about religious freedom and stuff like that. The different interests would be the interests of those who wear the niqab (the very very small minority) and those who don't (the very very large majority). The interests that conflict would be that these women are only exerting their religious freedom, but being completely covered up does pose a huge security threat in our country. We need to be able to see your face.
Do you think Canada should limit or ban certain religious practices in this country? What criteria should be used to judge whether a practice is acceptable or not? Who should decide which practices should be limited?
2) I don't thank that Canada should ban certain religious practices, but I do think that we should limit some. The criteria that should be used is whether or not it would pose a potential threat to Canadians. I think that elected officials, as well as a vote. The population, should decide which practices should be limited.
What has been the effect on the charter and religious freedoms?
The effect that the charter has had on religious freedoms is that it will not be allowed if it endangers public safety.