Ch 18 - The Charter of Rights and Freedoms

Question 1

What is the purpose of the Charter of rights and Freedoms?

Answer 1

• To prevent democratic majorities from using political power to violate your rights

Question 2

What did the Charter of Rights and Freedoms do in the CA 1982?

Answer 2

• Entrenched rights in the text

Question 3

What do statutes that are inconsisted with the Charter have?

Answer 3

• No force or effect

Question 4

How were civil liberties protected before the Charter?

Answer 4

• Politicians voluntarily respected them

Question 5

What was the Bill of Rights?

Answer 5

• 1960, only applied to federal legislation

Question 6

What is the Charter seen as today

Answer 6

• An important part of Canadian Identity

Question 7

What was the Charter seen to help bring Canadians on to?

Answer 7

• Federal Government

Question 8

what does the Charter expand on?

Answer 8

• Bill of Rights

Question 9

What does the Charter apply to?

Answer 9

• Federal and Provincial Legislation

Question 10

What does the Charter guarantee?

Answer 10

• Fundamental freedoms

Question 11

What does the charter include for languages?

Answer 11

• Language rights

Question 12

What are the two limits to the rights in the Charter of Rights and Freedoms?

Answer 12

• Sec 1, Reasonable Limits Clause
• Sec 33, Notwithstanding Clause

Question 13

Explain the Reasonable Limits Clause

Answer 13

• Rights may be subject to limitations

Question 14

What does the Reasonable Limits Clause increase?

Answer 14

• The role/power of the courts

Question 15

What is the two stage process of the Reasonable Limits Clause?

Answer 15

1. Does legislation violate charter right?
2. Is violation a reasonable limitation to the right.

Question 16

Explain the Notwithstanding Clause

Answer 16

• Federal/provincial parliament may ‘exempt’ law from three parts of the Charter

Question 17

What three parts of the Charter can the Notwithstanding Clause overrule?

Answer 17

• Fundamental Freedoms (Section 2)
• Legal Rights (Section 7-12)
• Equality Rights (section 15)

Question 18

What can parliament not use the notwithstanding clause on?

Answer 18

• Democratic rights (sec. 3-5)
• Mobility rights (6)
• Language rights

Question 19

How long can legislation be exempt from judicial review for using the notwithstanding clause?

Answer 19

• 5 years

Question 20

what does the notwithstanding clause allow for?

Answer 20

• parliamentary supremacy, as apposed to the courts

Question 21

What do critics say about the notwithstanding clause?

Answer 21

• compromises the charter

Question 22

What is constitutionalism?

Answer 22

• political power exercised according to the rules of the constitution

Question 23

What is Judicial Review?

Answer 23

• Courts responsible for determining whether laws are constitutionally acceptable

Question 24

What is a Stare Decesis?

Answer 24

• Judges look to constitutional documents & decisions to determine whether a law is unconstitutional

Question 25

What do the critics of the charter say?

Answer 25

- challenge democracy by transferring power away from the legislative branch to the judicial branch

Question 26

What loaded issues do critics of the charter question judicial rulings on?

Answer 26

- Abortion - Medically Assistance in Dying - Same Sex Marriage - Drug Use - Sex Work

Question 27

What do defenders of the Charter say?

Answer 27

- Majority rule must be tempered by respect for minority rights

Question 28

What do defenders of the charter say about politicians?

Answer 28

- they cannot, alone, be trusted with protection of minority rights

Question 29

What do defenders of the charter say is needed?

Answer 29

- Judicial elite to correct 'illiberal excesses' of democratic majority

Question 30

What do critics of the charter say it has done to change canada's political system?

Answer 30

Legalized politics - transfer power to courts - Minority groups bypass legislature - Most claims made by corporate interests

Question 31

What do defenders of the charter say about how it has changed Canadian politics?

Answer 31

- Courts tend to be deferential to law of politicians

Question 32

What do critics of the charter point to the rulings of judicial branches?

Answer 32

- conservative, reflect conservative politics of legal elite

Question 33

What has the charter done for the courts?

Answer 33

- Made them more powerful and active players in the pre-charter era

Question 34

What has increased about the courts since 1982?

Answer 34

- public awareness of court's policy-making role - attention / scrutiny to judicial appointment

Question 35

What did the increased scrutiny of judicial appointments lead to?

Answer 35

- Appointment of Michelle O'Bonsawin - First Indigenous SCC Justice

Question 36

What 6 Big Changes has the Charter of Rights Brought?

Answer 36

- Limiting Police Powers - Women & Reproductive Rights - Recognition for Gay and Lesbian Relationships - Linguistic Rights fro Francophones outside Quebec - Strengthened Aboriginal Rights - Increased Judicial Activism