3: Individual Rights and The Charter of Rights Flashcards
What is the primary purpose of the Charter of Rights and Freedoms in Canada?
To protect individual rights and freedoms against government power
The Charter outlines the limits of government authority in relation to individual choices.
What do discussions about rights and freedoms fundamentally relate to?
Governance and the rules governing government power
These discussions emphasize the balance between government authority and individual liberties.
What is the consequence if government power exceeds the limits set by the Charter?
There must be a reason based on societal values
This ensures that any limitation on rights is justified and aligned with the principles of the society.
Who does the Charter of Rights and Freedoms apply to?
Every Canadian citizen and permanent resident
The Charter defines the rights of individuals within Canada.
What is the Charter of Rights and Freedoms?
The Charter of Rights and Freedoms is part of Canada’s constitution that establishes constitutional protections for individual rights and freedoms.
What is the highest law of Canada?
The constitution is the highest law of Canada, and all other laws must be consistent with it.
What does the Charter allow Canadians to do?
The Charter allows Canadians to challenge in court laws that restrict their rights.
How does the judicial branch relate to the Charter?
The judicial branch interprets the Charter and makes decisions on challenges, striking down laws that unjustifiably restrict rights.
Under what condition can the government restrict rights according to the Charter?
The government can restrict rights if the restrictions are necessary to maintain Canada as a free and democratic society.
Fill in the blank: This document sets out the framework for how Canada is to be governed, and it is a special set of laws called the _______.
[constitution]
True or False: The Charter of Rights and Freedoms applies only to federal laws in Canada.
False
What was the state of individual rights laws in Canada before the Charter?
Before the Charter, Canada’s provincial and federal governments had a variety of laws about individual rights.
Why might Canadians have different views about justified restrictions of rights?
Canadians might have different views due to varying opinions on what is necessary to maintain a free and democratic society.
What is the purpose of citizens knowing their rights and freedoms in a democratic society?
To know where to turn for help and advice if those freedoms are denied or rights infringed upon.
What does the Canadian Charter of Rights and Freedoms recognize?
Certain rights for all citizens, wherever they may live in Canada.
Why is it important to enshrine basic rights and freedoms in the constitution according to Jean Chrétien?
To provide equal protection to everyone in a vast and diverse country like Canada.
Who served as Prime Minister of Canada from 1993 to 2003?
Jean Chrétien.
In what year did the Charter of Rights and Freedoms become part of Canada’s constitution?
1982.
Fill in the blank: Jean Chrétien was the Minister of Justice in _______.
[1982]
True or False: The Canadian Charter of Rights and Freedoms is designed to provide unequal protection to citizens.
False.
What is one way Canada is described in the context of its governance?
Vast and diverse, with eleven governments.
What are the two official languages of Canada?
English and French.
According to Jean Chrétien, what is essential for equal protection in Canada?
Enshrining basic rights and freedoms in the constitution.
What does the Charter set out?
Rights and freedoms necessary in a free and democratic society
What do the rights and freedoms in the Charter limit?
What government can do
What cannot the government do due to Canadians’ democratic rights?
Ban elections and become a dictatorship
List the Fundamental Freedoms under the Charter.
- The freedom to express your opinions
- The freedom to choose your own religion
- The freedom to organize peaceful meetings and demonstrations
- The freedom to associate with any person or group
What are the Democratic Rights provided by the Charter?
- The right to vote for members of the House of Commons and of provincial legislatures
- The right to vote for a new government at least every five years
What are the Mobility Rights described in the Charter?
- The right to move anywhere within Canada and to earn a living there
- The right to enter, stay in, or leave Canada
True or False: The Charter of Rights and Freedoms gives every person in Canada the same rights.
True
What are the two exceptions to the rights granted under the Charter?
- The right to vote
- The right to leave and enter Canada freely
Who has the right to vote and the right to leave and enter Canada freely?
Only Canadian citizens
Fill in the blank: The Charter limits what _______ can do.
government
What does a free and democratic society mean?
A system where individuals have rights and freedoms, and governance is based on the will of the people.
This includes the protection of individual rights and participation in political processes.
What is the relationship between a free and democratic society and respect for individual rights?
A free and democratic society ensures that individual rights are protected and respected, allowing for equality and freedom.
This relationship is foundational to the functioning of democracy.
What legal rights are guaranteed in Canada?
The right to be free of imprisonment, search and seizure without reasons backed by law and evidence, and the right to a fair and quick public trial by an impartial court.
These rights are crucial for safeguarding personal liberties.
What is the presumption of innocence?
The principle that one is considered innocent until proven guilty in a court of law.
This is a fundamental aspect of legal rights in Canada.
What are equality rights?
The right to be free of discrimination because of race, national or ethnic origin, religion, gender, age, or mental or physical disability.
These rights support the equal treatment of all individuals in society.
Fill in the blank: Students in Canada have the right to be treated without _______.
discrimination.
This right is essential for ensuring a fair educational environment.
What year was the Indian Act passed?
1876
What was a significant effect of the Indian Act on First Nations people?
Affected First Nations who had concluded Treaties with Canada’s government
Was the Indian Act passed with the consultation of First Nations?
No
What cultural view influenced the passing of the Indian Act?
European ways viewed as superior to other cultures
Name one restriction imposed by the Indian Act on First Nations people.
Required government permission to wear traditional clothing
What traditional ceremony was banned by the Indian Act?
Sundance of the Siksika
What political action was prevented by the Indian Act?
Political action by First Nations
How does the Charter reflect attitudes towards individual rights today compared to the past?
Reflects more positive attitudes towards individual rights
Fill in the blank: The Indian Act was passed without consulting _______.
First Nations
True or False: The Indian Act allowed First Nations people to engage in traditional ceremonies.
False
What did the Canada Elections Act bar until 1918?
Women from voting and running as candidates in federal elections.
When did Canadian women begin to campaign for the right to vote?
In 1876.
Who founded a club to promote women’s suffrage in Canada?
Emily Howard Stowe.
What was the cover name given to the suffrage group founded by Emily Howard Stowe?
Toronto Women’s Literary Club.
What movement in England is associated with large rallies for women’s suffrage?
Suffragettes.
What circumstances often faced suffragettes in England during their movement?
They were often imprisoned for their views.
What is historical context?
Events, and generally accepted values and attitudes, that shaped the actions of people in the past.
Why is understanding historical context important?
It makes you aware that the present is also shaped by events, values, and attitudes.
True or False: The past should be judged to understand the present.
False.
What is the significance of the photo from New York in 1915?
It shows Canadian women at a rally for women’s right to vote.