charter Flashcards
(31 cards)
What does entrenched mean?
Becomes part of our constitution (Constitution Act)
What legal document did the Charter replace in terms of rights and freedoms?
Effectively replaces the Bill of Rights
What is the difference between a responsibility & a privilege?
Responsibility: something which must be performed as an obligation or duty. Privilege: a benefit that can be removed, changed, or increased.
What is the difference between rights and freedoms?
Rights: a legal, moral, or social claim that people are entitled to from their government. Freedom: a right to conduct one’s affairs without government interference.
What does the Charter describe?
Describes important rights and freedoms that belong to all Canadians.
What is the purpose of the Charter?
To protect the rights of individuals from abuse, particularly by the government.
What are some differences before and after the Charter was enacted?
Before: Little could be done about unfair laws; Little or no protection for minority rights. After: Clearer recognition of human rights; Courts can strike down laws that violate the Charter.
What are the 4 criteria of a reasonable limit?
- Must be important enough to justify overriding a constitutionally protected right
- Must be reasonably and logically connected to the objective
- The right must be limited as little as possible
- The more severe the limitation, the more important the objective must be
What is meant by freedom of conscience and religion?
One can choose or choose not to have religious beliefs, practice them, and express them.
Can the government pass legislation that violates one’s religious rights?
Legislation must infringe upon a doctrine fundamental to a religion to be considered a violation.
What does freedom of thought, belief, opinion, and expression apply to?
Any form of expression: speech, writing, art, film, dance, etc.
What are the 4 limitations of freedom of expression?
- Expression inciting hatred
- Obscenity
- Slander
- Reporting of Judicial Proceedings in Certain Courts
Explain the right of freedom of peaceful assembly.
The right to hold a peaceful demonstration or picket.
Explain the right of freedom of association.
People are allowed to join into groups for common purposes, including unions.
What are the democratic rights outlined in S3-S5?
- S3: rights of Canadian citizens to vote and run for election
- S4: limits duration of Parliament to 5 years
- S5: Parliament must hold sessions at least once a year
Explain mobility rights.
Ensures people can live and work in any province without restrictions.
What legal rights are afforded to everyone within Canada?
- Right of life, liberty, and security of person
- Protection from unreasonable search and seizure
- Rights upon arrest
- Protection from cruel & unreasonable punishment
What do equality rights guarantee?
Guarantee of everyone to be equal under laws, protecting against discrimination based on various factors.
What are affirmative action programs?
Programs aimed to help employment levels in government workplaces for underrepresented groups.
Describe sections 16-17 regarding language rights.
English and French are official languages, used equally in government proceedings.
What does section 19 allow?
Allows anyone to use either official language in court proceedings.
What does section 20 guarantee?
Guarantees government services in both official languages, upon request.
Describe section 23 - Minority Language Education Rights.
Offered in English or French to Canadian citizens who meet specific criteria.
What is the ‘numbers test’ related to language rights?
A group must be of sufficient numbers for the province to offer education in their preferred language.
