unit 2: rights, freedoms, and responsibilities Flashcards
(24 cards)
what are the rights we enjoy today in Canada have their origin?
- The Magna Carta, 1215
- The Delartion of Idenepencdde, 1776 (USA)
- The Declaration of the Rights of Man, 1789 (France)
- the Universal Declaration of HUman RIghts, 1948 (United Nations)
right
a right is a legal, moral, or social entitlement due to all people because they are human beings
E.X the “right to life” found in S.7 of the Charter
freedom
a freedom is the right to conudct ones afferies without undue interference
E.X freedom of expulsion gives citziesn the freedom to criize their government
way to act
what is the PURPOSE of the universal declaration of rights
affirms the inherent worth and dignity of every human without distinction
what is the JURISDICTION of the universal declaration of rights
members of the UN
what is the REMEDIES of the universal declaration of rights
puts pressure on government to adhere to rights; may or may not have an impact
what is the ENFORCEMENT of the universal declaration of rights
voluntary agreement only; no force of law
what is the problem with the Bill of Rights
The bill of rights was a statue and had no more status than any other statue. Any other law could override it
what is trial de novo
a new trial by a different court
access to information act
a Canadian Act providing the right of access to information under the control of a federal government institution
section 33 - “the notwithstanding clause” FOR THE GOVERNMENT TO USE
the federal parliament and provincial legislatures have the ability to declare that a particular piece of legislation is beyond Charter review, notwithstanding the fact that a court may have found that the legislation violated someone’s Charter rights.
ONLY applies to the Charter’s fundamental freedoms, legal rights, and equality rights.
Jurisdiction, Enforcement, and Guarantee
- Charter applies to all branches and levels of government and all other federally regulated organizations.
- People have the right to challenge the government in court if they believe their rights have been infringed.
- Judges determine whether a law violates a Charter right or freedom, and if so, what remedy should be applied.
what is the PURPOSE of the charter
Having rights entrenched in the consitition ensure that they are protected regardeless of the goveremtn in power
what is the JURISDEICTION of the charter
all branches and levesl of goverment corwn coporations federally incorrated companies, banks and other federally regaruled organziations
what is the REMEDIES of the charter
if legesitaion or policy confliected with the charter the legsitation will best work down and the poelices revised
what is the ENFORCEMENT of the charter
Enfored by the coryrs ulatemiay the supremen courth of canada may decide the vilautes and needs to be struk down
reverse onus
a legal provision that requires an accused person to prove or disprove something, such as an element of an offence or a defence
charter: fundamental freedoms
Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
charter: democratic rights
everyone has the followign democratic rights
- right to vote & to run for public office (must be 18)
- election every 5 yrs
- deyaled = two-thirds of the members of the House of Commons must agree
charter: mobility rights
everyone has the following mobility rights:
- right to to enter, remain in, and leave Canada
- right to live or seek work anywhere in Canada
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charter: legal rights
everyone has the follwing legal rights:
- right to privacy; no one can search you, take away your personal belongings or access your personal information without clear legal reasons
- individuals are treated fairly at every stage of the justice process
- protects everyone against unreasonable laws that could lead to imprisonment or harm their physical safety
- reasonable grounds to believe you have committed a crime and must tell you why you are being arrested and detained
- If you are charged with an offence under federal or provincial law you have the right to:
- be told quickly of the offence you are charged with, be tried within a reasonable amount of time, choose not to testify at your own trial, be presumed innocent until proven guilty, etc
- protects everyone from cruel and unusual punishment
- You are also entitled to an interpreter during court proceedings if you do not understand the language or if you are hearing impaired.
charter: equality rights
-everyone is treated with the same respect, dignity and consideration (i.e. without discrimination), regardless of personal characteristics such as race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability, sexual orientation, residency, marital status or citizenship.
- everyone should be treated the same under the law. Everyone is also entitled to the same benefits provided by laws or government policies.
charter: offical language rights
- everyone has the right to use English or French in any debates and other proceedings of Parliament.
charter: mintoary lagugate eduation rights
Canadian citizens living outside of Quebec have the right to send their children to French schools if:
- their mother tongue is French
- they attended French primary and secondary schools in Canada
- they have child who has attended or is attending French primary or secondary schools in Canada
Canadian citizens living in Quebec have the right to send their children to English schools if:
- they themselves attended English primary and secondary schools in Canada
- they have a child who has attended or is attending English primary or secondary schools in Canada
