Law 12 test2 Flashcards
(31 cards)
what must occur if Notwithstanding Clause if utilized
It must be reviewed over 5 years
What are the requirements to be able to vote
Be a canadian citizen and be 18 years old
What are mobility rights ?
The right to enter and leave Canada and the right to move between the provinces
What are our Legal Rights Charter Rights ?
Charter sections that protect personal and privacy rights and safe guard procedural rights in the criminal justice system
Under what circumstances can the police search a car without a warrant?
If they see drugs or receiving a tip that this vehicle may have been involved in drug trafficking
what does it mean to be detained
To be kept in custody or temporarily confined
What occurs if a person is not tried within a reasonable time
“Stay of proceeding “ in other
What does “read down “ mean
To rule in court that a law is generally acceptable, but a specific part of the law is invalid and thus removed
When can a restriction on individual rights occur
Doing something against the law
How long can legislation using the Notwithstanding Clause be in place
max 5 years
What is the first question asked in a charter case
Has a charter right or freedom been infringed or violated
what section of the charter protects our personal and privacy rights
section 7
what area of the charter protects us from discrimination
section is “ equality rights “
what is it called when the courts orders a term to be added to a law
read in
what seek if their charter rights have been violated
Remedy
What is it called when a judge puts their personal views into judgment?
Judicial activism
what section of the charter explains our basic freedoms ?
section 2
What does the Freedom of peaceful assembly allow
Right to participate in a public demonstration
A group of people who create a disturbance which creates fear is called ?
unlawful assembly
what section of the charter ensures proper procedures are followed in your justice system
section 11
what is the court order called that stops a trial from proceeding?
stay of proceedings
what group has the responsibility for deciding if a law is constitutional
courts , supreme courts of canada
define : strike down
Law is no longer in effect
what does “infringed” mean
Broken or violated as in an agreement or rights that is infringed
