2.5 The Charter And The Law

Question 1

How do we balance rights in the charter?

Answer 1

Rights are subject to some limits
- all rights may be limited if they negatively affect the rights of others
- the charter has tools for achieving balance section 1, 15 and 33

Question 2

Section one

Answer 2

Guarantees the rights and freedoms
- rides are guaranteed, but not absolute can be limited by government as long as there is evidence
- section one applies to every part of the charter

Question 3

Section 15

Answer 3

Guarantees that everyone is treated equally under the law and nobody can be discriminated against
- list several grounds which discrimination is not allowed

Question 4

Section 33

Answer 4

The note was standing clause
- states that sometimes governments may ignore judges decisions and strike down their law
- allows governments to temporarily set aside rights protected by the charter and override them

Question 5

What are the limits to the no standing clause?

Answer 5

• can only be used for some specific rights
• can only be used up to five years at a time. The government has to renew it if they want to keep using it
• Government needs to explain why they are using it and it should be for a good reason

Question 6

When would a freedom be limited?

Answer 6

F When you need to protect the rights of others and maintain Democratic societies

Question 7

What happens when a law conflicts with the charter?

Answer 7

The government can use the notwithstanding clause and override the charter

Question 8

How has the charter contributed to society?

Answer 8

Protect many rights and freedoms, and this provides justice for others the charter lets Canadians live a life where they know their rights and that they are protected without the charter. There would be less protection for rights and freedoms and less equality and justice.

Question 9

What is a responsibility?

Answer 9

A duty or obligation
- something you do to show that you respect your rights

Question 10

Pros of the charter

Answer 10

Protection of fundamental rights and equality before the law

Question 11

Cons of the charter

Answer 11

Misinterpretations and contradiction challenges

Most misinterpreted is freedom of expression
Potential for legal challenges

Balancing individual rights