Unit 2 Test Flashcards
(41 cards)
What does Section 1 of the Charter state?
Rights can be limited if the limit is reasonable, legal, and justified in a free society.
What is the Notwithstanding Clause (Section 33)?
Allows governments to override certain rights for up to 5 years.
What does Section 35 protect?
Indigenous rights including land and hunting, regardless of gender identity.
Name four fundamental freedoms in Section 2.
Religion, expression, peaceful assembly, association.
What do Legal Rights (Sections 7–14) include?
Life, liberty, fair trial, no cruel punishment, protection from unfair search.
What are your democratic rights under Sections 3–5?
Vote, run for office, regular elections every 5 years, Parliament meets yearly.
What does Section 15 guarantee?
Equality under the law and no discrimination.
What is the Oakes Test?
A test to decide if limiting a right is justified.
What are the Oakes Test criteria?
1) Important law goal
2) Connection to goal
3) Minimal impairment
4) Benefits > Harm
What is the significance of R. v. Oakes?
Created the Oakes Test; struck down a law that presumed guilt.
What did R. v. Morgentaler establish?
Struck down abortion law; protected women’s bodily autonomy.
What right was protected in Multani v. School Board?
Freedom of religion (wearing a kirpan).
What did Chaoulli v. Quebec decide?
Long wait times violated right to private healthcare access.
What was the issue in Eldridge v. B.C.?
Lack of sign language was discriminatory to deaf patients.
What was the ruling in Dunmore v. Ontario?
Farm workers have the right to form unions.
Why is R. v. Powley important?
Recognized Métis hunting rights (Powley Day = Sept 19).
What did R. v. Marshall affirm?
Mi’kmaq fishing rights under historical treaties.
What does R. v. Keegstra tell us about free speech?
Hate speech can be limited.
What was the outcome of R. v. Zundel?
Offensive false speech isn’t automatically illegal.
What did Christie v. York (1940) show?
Race-based service denial was allowed pre-Charter.
What did Plato believe about justice?
Justice = moral harmony; elite should rule.
What was Aristotle’s idea of justice?
Treat equals equally and unequals unequally.
What did Hobbes believe was needed for order?
Strong government to prevent chaos.
What is Bentham known for?
Utilitarianism—greatest good for the greatest number.
