Module 4

Question 1

Canada Act

Answer 1

• The Canada Act, 1982 is the British law that formally ended British control over Canada’s Constitution and allowed Canada to amend its Constitution without British approval. It patriated the Constitution and included the Constitution Act, 1982, which introduced the Charter of Rights and Freedoms.
• The Canada Act is a British law.

Question 2

Sections of the Charter

Answer 2

Section 1 - Reasonable Limits Clause
Section 2 - Fundamental Freedoms
Section 3-5 - Democratic Rights
Section 7-14 - Legal Rights
Section 15 - Equality Rights
Section 33 - Notwithstanding Clause

Question 3

Canadian Bill of Rights

Answer 3

• The Canadian Bill of Rights is a federal law passed in 1960 that was Canada’s first attempt to formally protect individual rights and freedoms. It applies only to federal laws and actions, and it is not part of the Constitution, so it has limited power compared to the Charter of Rights and Freedoms
• It’s an ordinary statute, not entrenched in the Constitution.
• This means it can be amended or repealed by a regular act of Parliament.

Question 4

The Oakes Test

Answer 4

• The Oakes Test is a legal test created by the Supreme Court of Canada in R. v. Oakes (1986) to determine whether a government’s limit on a Charter right is justified under Section 1 of the Charter of Rights and Freedoms.

Question 5

Reasonable Limits Clause

Answer 5

Section 1 of the Charter states that the rights and freedoms it guarantees are not absolute — they can be limited by law if the limit is…

Question 6

Notwithstanding Clause

Question 7

Presumption of Innocence

Question 8

Purpose and Effect