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HIST: 2015/2016 > 5.2 > Flashcards

Flashcards in 5.2 Deck (38):

What does S.7 to 11 of the charter cover?

All areas of criminal law


What does s. 12 to 14 of the charter cover?

Punishment for crimes and issues related to being a witness at trial?


What is Life, Liberty, and Security of the Person (s.7)?

Everyone has the right to life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.


Why is the right to liberty most closely associated with criminal cases?

Associated with criminal cases because a person must not be deprived of this right, or imprisoned, except in accordance with the principles of fundamental justice.


What is fundamental justice?

Due process of the law, such as the presumption of innocence, the burden of proof, the right to a fair hearing before an impartial decision maker, and the right of have as corpus.


What is right of security of the person protect people from?

Protect people from certain forms of corporal punishment and physical suffering.


What is s. 8 of the charter? What does it state?

-Unreasonable search and seizure
-the police must have good reason for searching the person, home, or belongings of the accused and the search must be conducted fairly


What does the Controlled Drugs and Substances Act give police the power to do?

Search any place (other than a residence) where they suspect drugs are concealed without a warrant.


What is s. 9?
What does it state?

-Arbitrary Detention or Imprisonment
-People can't be held for, arrested, or kept in jail without good reason.


What are your rights while under arrest or detention (s. 10 a-c)? 4 things

1) promptly and clearly informed of the reason for the arrest
2) accused has the right to be informed without delay that he or she may obtain the assistance of a lawyer and they need to be given reasonable opportunity to contact a lawyer
3) if the accused can't afford a lawyer, it must be made clear that legal counsel wil be available at no charge
4) once an arrested person decides to talk to a lawyer the police must stop their questioning until the accused and the lawyer have a change to talk privately


What is s.11? Give a few examples?

-rules that protect anyone charged with an offence.
> trial must take place within a reasonable amount of time
> for a serious trial, accused has the right to a jury trail
>if someone is tried for an offence and found not guilty, that person cannot be tried on the same charge again and if a person is found guilty and is punished for an offence, they can't be tried and punished for it again (double jeaoprady)
> a court can't convict an accused unless the specific law was in place at the time of the offence


What is s. 12?

Everyone has the right not to be subjected to any cruel and unusual treatment or punishment


What does the court look at when determining whether a punishment is disproportionate? 3 things.

1) the gravity of the offence
2) the personal characteristics of the offender
3) the particular circumstance of the case


What do s. 13 and s. 14 state?

S. 13- guarantees they witnesses giving evidence in court can't have their testimony used against them
S. 14- anyone who is hearing impaired or cannot understand or speak the language used in the court has the right to an interpreter


What are the three points in equality rights?

1) every citizen is equal before and under the law
2) every citizen has the right to equal protection and benefit of the law
3) these rights are to be applied equally and without discrimination


What is s. 3 of the charter?

Every citizen has the right to vote in an election and run for office.


What is s. 4 of the charter?

Citizens get to elect a new federal and provincial gov't every 5 years, except during times of war or national emergency.


What is s. 5 of the charter?

Parliament and provincial legislative assemblies must hold at least one session a year.


What is s. 6 about?

Concerns the rights of Canadian citizens to move in an out of the country and between provinces


What is extradition?

SCC said that it is okay to extradite those accused of a crime to other countries so that they can face trial. Canada won't extradite to a country where the person would face the death penalty.


What do s. 16 through 22 of the charter provide?

-both English and French will be used in parliament and are Canada's official languages
-parliamentary records and statutes must be published in both official languages
-public can communicate with the gov'tin either English or French
-federal gov't must provide services in both languages at central offices and elsewhere if there is demand
-either language can be used in courts


What is Canada's only official bi-lingual province?

New Brunswick


Other than in Quebc, citizens can have their children educated in French if any of the following applies"

-Their first language is French
-They received their own primary education in Canada in French
-They have a child who is or did receive an education in French


In QUebec to have a child educated in English if any of the following applies:

-The parents received their own primary education in Canada in English
-They have a child who is or did receive primary education instruction in English


What does s. 25 of the charter provide?

The charter does not abrogate or derogate from existing culture, customs, traditions, languages, and other rights or freedoms pertaining to Aboriginal peoples. Doesn't give new rights, but protects rights from Royal Proclamation of 1763 and those existing or acquired through land-claim agreements.


What is s. 27 of the Charter?

Protects the concept of multiculturalism in Canada.


What do critics of the chartered argue?

The it has allowed a minority to trump the will of the majority.
They also argue that s. 33 (notwithstanding clause) weakens the charter to an unacceptable degree


How many laws has the SCC overturned passed by democratically elected parliaments? What does this mean?

-Means they didn't listen to Canadians in 80 situations


3 consequences of all people of Canada when discussing the demographic changes that are currently occurring?

Three consequences for all people of Canada when discussing the demographic changes that are currently occurring are: urbanization (people moving from rural to urban—affects many aspects of society, including electoral boundaries, access to services, and housing), Aboriginal people (Aboriginal people are the fastest-growing segment of the population, and more people now identify as Metis), and Canada’s multicultural policies (Canada’s increasing diversity).


What are some people's concerns over multiculturalism? Do you agree?

Some people are concerned that it divides Canadians rather than uniting them. Others fear that multiculturalism erodes Canada’s British heritage. In Quebec, some protest that multiculturalism is designed to undermine the distinct character of Quebec culture.
3. The problem with Canada’s immigration policy from years back was that it was racist.


What is wrong with Canada's immigration polic from years back? Would this type of policy be supported?

The problem with Canada’s immigration policy from years back was that it was racist. Many Canadian laws discriminated openly about specific groups. Today, this type of policy would not be be widely supported, but in the past it would have been due to the recent brushes with war and the general distaste for those that were not white.


Why will immigration become so important to Canada's not to distant future?

Immigration will become so important to Canada’s not to distant future because Canada’s population is aging. For the first time, the amount of retired people will surpass the number of children aged fourteen and under. By 2020, most baby boomers will be retired and paying less taxes because of their lower income. Many people see immigration as a solution. They hope that by accepting more immigrants, Canada will continue to grow economically, and Canadian government will be able to offer services to support all citizens.


Do you believe Canada is united as a pluralistic society? Why or why not?

A pluralistic society is one in which diversity of culture, beliefs, and values is accepted. I don’t think that Canada is truly a pluralistic society because we are still divided, not only over multiculturalism, but also due to our specific region identity.


Why do some see Canada as a civic nation? What does this definition mean?

Some see Canada as a civic nation because in a civic nation, laws reflect citizens’ shared political values and beliefs, such as those enshrined in the Canadian Charter of Rights and Freedoms. They say that Canadian identity is not based on characteristics such as common language and history, but instead in shared political values and beliefs.


Does Canada have a culture? If so explain, if not explain.

I completely agree with the article. I believe that Canada has its own unique and distinct culture that is completely different from any other country in the world. Yes, we are composed of many different cultures, some have been here from hundreds of years, while others have only been her for a few years. Somehow, we have all found a way to fit together and create a place that is distinctly “Canadian”. I think that the truest testament is from someone who has recently immigrated to Canada as they can look upon the country with a fresh perspective and with eyes that are not clouded by the judgement of our ancestors who have been here for many years. They see the country for what it is now, not for what it was in the past. They see a true Canadian culture, a mishmash of different cultures that somehow work together to create something that is Canada.


How has technology changed Canada?

Technology changes the way that Canadians communicated, lived, worked, and played. It gave Canadians access to a wider range of worldwide news thanks to satellite television. Due to telephone communication, long distance telephone rates dropped, and Canadians connected with friends and colleagues from around the world. By the beginning of the 21st century, computer technology with access to Internet became common. Social networking technologies became a new, interactive form of mass communication. Computer technology has caused a revolution in entertainment, which has become increasingly personalized and portable. In general, technology has made us more aware of the world around us. We are more informed as a society on the different parts of the world.


There have been a number of changes to the social landscape since 1982. Which of these changes do you think will endure?

The changes to the social landscape that I think will endure will be the continuation of increased immigration to Canada, paying special attention to the allowance of refugees into our country. I also believe that technology will continue to increase drastically as new scientific and technological advances are developed.


How might various social changes have consequences for Canada's ability to respond effectively to international issues, such as globalization, climate change, war, and natural disasters? Think of at least one example of a social change that may help Canada respond effectively and one example that may cause Canada to struggle to play a strong role internationally.

Social changes may cause consequences when Canada is responding to international issues because we are a country that is filled with immigrants. We do not want to insult anyone when dealing with international conflicts. Many cultural groups have different beliefs about what to do when it comes to thinks such as globalization and climate change. However, due to the fact that Canada is so diverse, we may respond to things like natural disasters with more urgency as they may have happened in a place that is very close to some Canadian citizens as they may have immigrated from there and still have family there. One example of a social change that may help Canada respond effectively would be technology because it keeps us better informed and more socially aware. One example of a social change that may cause Canada struggle to play a strong role internationally would be the fact that Canada’s Charter may go against some of the value of other countries, such as the fact that we will not send someone who is detained back to a country where they would face unjust punishment such as the death penalty.