L4: the Charter Flashcards
(37 cards)
What is the Charter?
Charter is Appendix to Constitution Act of 1982
what is the purpose of the Charter?
protect certain rights and freedoms from government interference
what 3 ways does the Charter protect us from govt?
- protect from passing potentially discriminatory laws
- protect from gov’t dept/board from making potentially discrim. decisions.
- protect from conduct/actions that may be discriminating against us.
why is constitution important?
trumps all other laws in Canada.
- all other laws conform to Charter.
- difficult to remove rights
what does the Charter protect? (9)
- fundamental freedoms
- legal rights
- equality rights
- democratic rights
- mobility rights
- language rights
- minority language education rights
- aboriginal rights
- multicultural rights
what section are fundamental freedoms?
- entails?
- wording?
s. 2
- freedom of religion, assembly, association
- everyone: citizen, visitor, resident.
where are legal rights found?
- entails?
ss. 7-14
- rights if every charged for criminal offence
where are equality rights
- entails?
s15. right to not be discriminated against
where are democratic rights?
- entails?
s.3
rights of citizens to vote, elect, run for office
where are mobility rights? entails?
s6
right to move freely within country, to live in diff province
where are language rights?
entails?
ss.16-22
french + english are 2 official languages and of equal status
where are minority language education rights
s23
if speak minority official language you have the right to be educated in that language
where are aboriginal rights?
s25
native/indian rights.
land treaties
where are multicultural rights
s.27
what is the Canadian bill of rights
- year?
1960
- precursor to Charter.
- not entrenched in const. weak
4 types of rights described in bill of rights?
- life, liberty, security of person
- equality rights ( limited - only 5 grounds)
- fundamental freedoms (limited compared to Charter
- legal rights
why was bill of rights so weak?
rights in limited areas, narrow scope
not constitutional document
ordinary piece of legislation
no power to use it against legislation that’s unconstitutional.
4 improvements in Charter from Bill of rights?
- entrenched in constitution
- law found unconstitutional can be struck
- charter encompasses greater number of rights
- rights are broader in scope (broader language)
what is section 1?
guarantee of rights and freedoms
- exceptions to reasonable limits
- rights not absolute
- balance rights of individual with rights of society = Oakes test
what is section 2?
fundamental freedoms (broader than BoR)
- conscience + religion
- thought, belief, opinion, expression, press + other
- peaceful assembly
- association
what is section 3?
- who is entitled?
democratic rights
- citizens
- hold office, vote etc.
who is entitled to section 2?
everyone: citizen, visitor, resident, corporation
what is section 6?
- who’s entitled?
mobility rights
- every citizen has right to enter + leave Canada
- every citizen/perm resident can move btw province + gain livelihood there
what do sections 7-14 pertain to?
legal rights
- life, liberty, security of person
- search and seizure with reasonable grounds
- not arbitrarily detained
- retain counsel
- tried in reasonable time
- no self incrimination
- no death penalty, cruel + unusual punishment
