Chapter 2 (Graham) Flashcards
(34 cards)
What was the purpose behind the creation of the Charter of Rights and Freedoms
To create a just society,
legally protect and guarantee fundamental rights and freedoms for Canadians,
allowed Canada full control over constitution
Why wasn’t the 1960 Canadian Bill of Rights or traditions found in British Common law traditions enough of a guarantor of protection of Canadian civil and Legal Rights
It was a Federal Statute rather than a Constitutional Document, meaning it could easily be amended or overridden by new laws
How did the Supremacy of Parliament Change after 1982 from the Canadian Parliament to the Supreme Court of Canada ?
the Canadian Parliament shifted to include the authority of the Supreme Court of Canada, which has the power to review and uphold constitutional rights and freedoms.
What can the Supreme Court Canada do to laws that are found in their judgement to infringe upon one of our legal rights ? give examples
Suspend the declaration of invalidity,
Amend or modify the law to ensure compliance with the Charter,
Create specific remedies tailored to the situation
When was the Charter enacted?
April 17, 1982
Who was the prime minister responsible for the Charter?
Pierre Trudeau
What area does the Charter apply to?
The charter applies to the federal-provincial and municipal government, its entities and the people under its jurisdiction
Why did this PM want to create a” just society”? explain his idea of trying to create this in Canada .
To provide equality of opportunity for all citizens to restore national unity.
He promoted Emphasizing individual rights and freedoms.
Promoting multiculturalism.
Embracing bilingualism.
Implementing social justice initiatives to reduce inequalities and improve well-being for all Canadians.
How did “entrenching our Rights and Freedoms “ within the Charter make it more difficult for the Federal government to potentially take advantage of our civil and legal rights ?
it elevated these rights to the status of constitutional protections. Meaning that they cannot be easily changed or overridden by ordinary legislation.
How do Federal and provincial legislatures use Section 1 ( Reasonable Limits Clause ) of the Charter to “reasonably limit” our civil and legal rights ?
They use this if there is a reason to restrict your right that outweighs your need for rights, They must prove that there is a logical reason for doing so
What must they prove before the courts in order for it to be justifiable ?
That there is a logical reason for doing so. The limitation has to be justifiable in a free and democratic society.
What is the legal precedent that was set by the Oakes Test?
Burden of Proof is On the Crown - Oakes right to Innocent until proven guilty
Why doesn’t The Charter apply to private interactions of discrimination between private individuals?
it primarily governs the relationship between individuals and the government, not interactions among private citizens.
What are the 4 Fundamental Freedoms protected under Section 2 of the Charter
Freedom of Religion/Conscience
Freedom of thought, belief, opinion and expression
Freedom of peaceful assembly,
Freedom of association
We are allowed to practice these fundamental freedoms as long as they are within the law.
Freedom of Religion / Freedom of Conscience
The freedom to follow the religion of your choice
Freedom of Belief , Thought , Opinion and Expression
protects freedom of belief, thought, opinion, and expression under Section 2(b), ensuring that individuals have the right to hold their own beliefs and opinions and to express them freely, subject to reasonable limitations.
Freedom of Peaceful Assembly
guarantees freedom of peaceful assembly, allowing individuals the right to gather, protest, or assemble in a peaceful manner to express their views and opinions without undue government interference, as outlined in Section 2(c) of the Charter.
Freedom of Association
protects freedom of association, granting individuals the right to join or form associations, organizations, or groups of their choice, as specified in Section 2(d) of the Charter.
What does section 3-5 deal with in the charter?
Democratic Rights in Canada
What are the requirements to vote in a federal election ?
must be 18 years old . must be a Canadian Citizen , prisoners are allowed to vote
What does section 6 deal with in the charter?
Mobility Rights
What types of circumstances could lead us from losing our mobility rights within Canada and when trying to leave the country?
A criminal charge
or situations such as Covid, where it is necessary
What is extradition?
Extradition is when a person is sent back to a country to stand trial, when being extradited a deal is struck
how are our legal rights to a fair trial and unusual and cruel punishment as Canadians protected if we are being legally pursued by american or another foreign country?
primarily protected through extradition treaties, diplomatic efforts, international human rights agreements, consular assistance, and legal counsel.
