3: Individual Rights and The Charter of Rights Flashcards
1
Q
What is the primary purpose of the Charter of Rights and Freedoms in Canada?
A
To protect individual rights and freedoms against government power
The Charter outlines the limits of government authority in relation to individual choices.
2
Q
What do discussions about rights and freedoms fundamentally relate to?
A
Governance and the rules governing government power
These discussions emphasize the balance between government authority and individual liberties.
3
Q
What is the consequence if government power exceeds the limits set by the Charter?
A
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.
4
Q
Who does the Charter of Rights and Freedoms apply to?
A
Every Canadian citizen and permanent resident
The Charter defines the rights of individuals within Canada.
5
Q
What is the Charter of Rights and Freedoms?
A
The Charter of Rights and Freedoms is part of Canada’s constitution that establishes constitutional protections for individual rights and freedoms.
6
Q
What is the highest law of Canada?
A
The constitution is the highest law of Canada, and all other laws must be consistent with it.
7
Q
What does the Charter allow Canadians to do?
A
The Charter allows Canadians to challenge in court laws that restrict their rights.
8
Q
How does the judicial branch relate to the Charter?
A
The judicial branch interprets the Charter and makes decisions on challenges, striking down laws that unjustifiably restrict rights.
9
Q
Under what condition can the government restrict rights according to the Charter?
A
The government can restrict rights if the restrictions are necessary to maintain Canada as a free and democratic society.
10
Q
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 _______.
A
[constitution]
11
Q
True or False: The Charter of Rights and Freedoms applies only to federal laws in Canada.
A
False
12
Q
What was the state of individual rights laws in Canada before the Charter?
A
Before the Charter, Canada’s provincial and federal governments had a variety of laws about individual rights.
13
Q
Why might Canadians have different views about justified restrictions of rights?
A
Canadians might have different views due to varying opinions on what is necessary to maintain a free and democratic society.
14
Q
What is the purpose of citizens knowing their rights and freedoms in a democratic society?
A
To know where to turn for help and advice if those freedoms are denied or rights infringed upon.
15
Q
What does the Canadian Charter of Rights and Freedoms recognize?
A
Certain rights for all citizens, wherever they may live in Canada.
16
Q
Why is it important to enshrine basic rights and freedoms in the constitution according to Jean Chrétien?
A
To provide equal protection to everyone in a vast and diverse country like Canada.
17
Q
Who served as Prime Minister of Canada from 1993 to 2003?
A
Jean Chrétien.
18
Q
In what year did the Charter of Rights and Freedoms become part of Canada’s constitution?
A
1982.
19
Q
Fill in the blank: Jean Chrétien was the Minister of Justice in _______.
A
[1982]
20
Q
True or False: The Canadian Charter of Rights and Freedoms is designed to provide unequal protection to citizens.
A
False.
21
Q
What is one way Canada is described in the context of its governance?
A
Vast and diverse, with eleven governments.
22
Q
What are the two official languages of Canada?
A
English and French.
23
Q
According to Jean Chrétien, what is essential for equal protection in Canada?
A
Enshrining basic rights and freedoms in the constitution.
24
Q
What does the Charter set out?
A
Rights and freedoms necessary in a free and democratic society
25
What do the rights and freedoms in the Charter limit?
What government can do
26
What cannot the government do due to Canadians' democratic rights?
Ban elections and become a dictatorship
27
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
ORDA =
Opinion
Religion
Demonstration
Association
28
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
29
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
30
True or False: The Charter of Rights and Freedoms gives every person in Canada the same rights.
True
31
What are the two exceptions to the rights granted under the Charter?
* The right to vote
* The right to leave and enter Canada freely
32
Who has the right to vote and the right to leave and enter Canada freely?
Only Canadian citizens
33
Fill in the blank: The Charter limits what _______ can do.
government
34
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.
## Footnote
This includes the protection of individual rights and participation in political processes.
35
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.
## Footnote
This relationship is foundational to the functioning of democracy.
36
What legal rights are guaranteed in Canada?
Judicial angle
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.
## Footnote
These rights are crucial for safeguarding personal liberties.
37
What is the presumption of innocence?
The principle that one is considered innocent until proven guilty in a court of law.
## Footnote
This is a fundamental aspect of legal rights in Canada.
38
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.
## Footnote
These rights support the equal treatment of all individuals in society.
39
Fill in the blank: Students in Canada have the right to be treated without _______.
discrimination.
## Footnote
This right is essential for ensuring a fair educational environment.
40
What year was the Indian Act passed?
1876
41
What was a significant effect of the Indian Act on First Nations people?
Affected First Nations who had concluded Treaties with Canada's government
42
Was the Indian Act passed with the consultation of First Nations?
No
43
What cultural view influenced the passing of the Indian Act?
European ways viewed as superior to other cultures
44
Name one restriction imposed by the Indian Act on First Nations people.
Required government permission to wear traditional clothing
45
What traditional ceremony was banned by the Indian Act?
Sundance of the Siksika
46
What political action was prevented by the Indian Act?
Political action by First Nations
47
How does the Charter reflect attitudes towards individual rights today compared to the past?
Reflects more positive attitudes towards individual rights
48
Fill in the blank: The Indian Act was passed without consulting _______.
First Nations
49
True or False: The Indian Act allowed First Nations people to engage in traditional ceremonies.
False
50
What did the Canada Elections Act bar until 1918?
Women from voting and running as candidates in federal elections.
51
When did Canadian women begin to campaign for the right to vote?
In 1876.
52
Who founded a club to promote women's suffrage in Canada?
Emily Howard Stowe.
53
What was the cover name given to the suffrage group founded by Emily Howard Stowe?
Toronto Women's Literary Club.
54
What movement in England is associated with large rallies for women's suffrage?
Suffragettes.
55
What circumstances often faced suffragettes in England during their movement?
They were often imprisoned for their views.
56
What is historical context?
Events, and generally accepted values and attitudes, that shaped the actions of people in the past.
57
Why is understanding historical context important?
It makes you aware that the present is also shaped by events, values, and attitudes.
58
True or False: The past should be judged to understand the present.
False.
59
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.
60
Fill in the blank: The struggle for women's suffrage had been ongoing for decades in _______ and North America.
Europe.
61
What does the Charter reflect about attitudes towards women today?
This is a critical thinking challenge question.
62
To what extent is voting a responsibility as well as a right?
This is a critical thinking challenge question.
63
What does the term 'prejudice' refer to?
A 'pre-judgment'
## Footnote
This refers to an opinion formed without adequate knowledge or consideration of facts.
64
How many people of Ukrainian and German descent were arrested in Canada at the beginning of World War I?
More than 8000
## Footnote
This occurred due to Canada's involvement in the war against Germany and Austria-Hungary.
65
What legislative act did the Canadian government pass in 1914 that allowed for the arrest and internment of individuals based on their identity?
War Measures Act
## Footnote
This act was enacted at the outbreak of World War I.
66
What type of labor did internees perform in the camps?
Labourers
## Footnote
Interned individuals built roads and other infrastructure without receiving wages.
67
What happened to the homes and possessions of those arrested during the internment?
Seized by the government
## Footnote
This was a common practice during the internment process.
68
When was the Internment of Persons of Ukrainian Origin Recognition Act passed by Canada's parliament?
2005
## Footnote
This act acknowledges the historical event and emphasizes the importance of understanding rights and freedoms.
69
What was the primary reason for the arrest of Italian Canadians during World War I?
Italy declared war on Canada
## Footnote
This declaration triggered the arrests on June 10, 1940.
70
How many people were affected by the internment of Italian Canadians?
About 700
## Footnote
The arrests mainly focused on men, but families often had to follow.
71
What did Antonio Rebaudengo express in his letter dated June 2, 1941?
Concerns about health and home
## Footnote
His letters reflected the emotional turmoil of being interned and longing for normalcy.
72
Who apologized to Canada's Italian community for the internment in 1990?
Prime Minister Brian Mulroney
## Footnote
This apology recognized the injustices faced by the community during the war.
73
True or False: The Canadian Charter of Rights and Freedoms played a role in the internment of individuals during World War I.
False
## Footnote
The Charter was not in effect during the time of the internments, but its importance was recognized in later acknowledgments.
74
Fill in the blank: The Canadian government required many people to remain in the camps and continue to work as _______.
labourers
## Footnote
This occurred even after the War Measures Act was no longer in force.
75
What event triggered suspicion and hatred towards Japanese Canadians in 1941?
The attack on Pearl Harbor by Japan
## Footnote
This event occurred on December 7, 1941.
76
In which month and year did Canada's government decide to move people of Japanese origin away from the west coast?
February 1942
77
Under which act were more than 20,000 Japanese Canadians forced to leave their communities?
The War Measures Act
78
How many Japanese Canadians were forced to leave their homes during the internment?
More than 20,000
79
What were Japanese Canadians allowed to bring with them when they were interned?
Only what they could carry
80
To where were Japanese Canadians primarily relocated?
Remote communities in B.C.'s interior
81
Who had to grant permission for Japanese Canadians to leave the internment camps?
The RCMP
82
What did the Canadian government promise regarding the property of Japanese Canadians?
To safeguard their property
83
What action did the government take in 1943 regarding the property of Japanese Canadians?
Sold off their homes, businesses, and possessions
84
What significant event occurred in 1988 regarding Japanese Canadians?
Canada's government formally apologized
85
Fill in the blank: The internment of Japanese Canadians occurred during _______.
World War II
86
True or False: Most Japanese Canadians interned during World War II were born in Japan.
False
87
What was the impact of the internment on families that had spent decades in Canada?
They suddenly had nothing
88
What year did the Canadian government apologize to Japanese Canadians?
1988
89
What were Japanese Canadians forced to do when they left their homes for internment camps?
Leave their communities
90
How does the Charter affect law making in Canada?
It influences legislation by protecting individual rights and allowing citizens to challenge laws that violate those rights.
91
What is one example of citizens exercising their rights?
Robin Eldridge and John and Linda Warren challenged the B.C. government for not providing sign-language interpreters.
92
What issue did Robin Eldridge and the Warrens face in the hospital?
They were unable to communicate with health care workers due to the lack of sign-language interpreters.
93
What was the legal argument made by the trio against the B.C. government?
They argued that failing to provide interpreters violated their equality rights under the Charter.
94
What was the outcome of the case taken to the Supreme Court of Canada?
They won their case.
95
Fill in the blank: The B.C. provincial government was accused of violating the _______ rights of those who use sign language.
equality
96
True or False: The B.C. government provided sign-language interpreters after the non-profit agency ran out of funds.
False
97
What critical thinking challenge is posed regarding the provision of sign-language interpreters?
In what way is providing sign-language interpreters in hospitals fair and equitable?
98
What other groups might be affected by the decision regarding sign-language interpreters?
Other groups needing communication assistance, such as those with other disabilities.
99
What is Canada's no-fly list set to take effect?
June 18, 2007
## Footnote
The no-fly list is a blacklist of people suspected of being threats to aviation safety.
100
Who is automatically screened against the no-fly list?
All passengers 12 years of age or older
## Footnote
This includes individuals deemed threats to airline safety.
101
What type of individuals are included on the no-fly list?
Members of terrorist groups and individuals convicted of serious aviation security crimes
## Footnote
These individuals are considered immediate threats to aircraft, passengers, or crew.
102
Who expressed concerns about the no-fly list in June 2007?
Canada's privacy commissioner, Jennifer Stoddart
## Footnote
She advocates for the privacy rights of Canadians under the Privacy Act.
103
What is one major concern raised by Jennifer Stoddart regarding the no-fly list?
It makes secretive use of personal information
## Footnote
This impacts rights such as freedom of association and mobility.
104
What is Lindsay Scotton's perspective on the balance between airline safety and individual rights?
It's difficult to know where the balance lies
## Footnote
She emphasizes the importance of rights alongside safety.
105
True or False: The no-fly list is based on proven guilt.
False
## Footnote
The list is based on suspicion, not proof of guilt.
106
What critical thinking challenge is posed regarding societal needs and individual rights?
How do we decide if the needs of society should outweigh the rights of individuals?
## Footnote
This question prompts consideration of the role of the Charter in these decisions.
107
Fill in the blank: The no-fly list is a blacklist of people 'reasonably suspected' by federal officials as _______.
[immediate threats to the safety of aircraft, passengers, or crew]
108
What event prompted Canada to adopt new security measures including the no-fly list?
September 11, 2001
## Footnote
This event involved Al-Qaeda members flying airplanes into the twin towers of the World Trade Center.
109
What is the no-fly list?
A security measure restricting the rights of individuals in Canada
## Footnote
It was one of many measures adopted post 9/11.
110
What legislation is associated with Canada's no-fly list?
The Anti-Terrorism Act
## Footnote
This act was portrayed in a cartoon as a tower in the path of the Canadian Charter of Rights and Freedoms.
111
How is the Canadian Charter of Rights and Freedoms represented in the cartoon?
As an airplane
## Footnote
The airplane is depicted as being obstructed by the Anti-Terrorism Act.
112
What issue might arise from government decisions made for the common good?
Restrictions on individual rights and freedoms
## Footnote
Such decisions can lead to debates about the balance between security and personal liberties.
113
How might government decisions for the common good affect citizenship?
They could limit or alter individual rights associated with citizenship
## Footnote
This raises questions about the rights of citizens in the context of national security.
114
Fill in the blank: The no-fly list is one of many new security measures restricting the rights of individuals that Canada adopted after _______.
September 11, 2001
115
True or False: The Anti-Terrorism Act was enacted before September 11, 2001.
False
## Footnote
The Act was a response to the events of 9/11.
116
What does the Charter of Rights and Freedoms potentially affect regarding advertising?
Decisions about advertising to children
## Footnote
It could also influence standards for toys, games, and TV programs.
117
What is a powerful and dangerous tool according to experts in food marketing?
Marketing food to children
## Footnote
Experts warn that this marketing leads to unhealthy eating habits.
118
What are two reasons marketers are interested in advertising to children?
* Children have their own spending money
* Children influence family purchases
119
At what age do children struggle to distinguish between commercials and regular programming?
Until the age of nine
120
True or False: Advertising junk food to youth is linked to healthy eating habits.
False
121
Fill in the blank: There is an important link between advertising junk food to youth and _______.
[unhealthy eating habits]
122
Who expressed concerns about advertising food to children?
Jordan LeBel
123
What is the main concern of lawmakers regarding advertising to children?
Children are at risk
124
According to experts, what impact does advertising have on children's eating habits?
It contributes to unhealthy eating habits
125
What year did four Ontario women and five labour unions launch a Charter challenge?
2001
126
What did the 1993 Ontario law require regarding pay?
Equal pay for women and men with equivalent levels of experience and training.
127
How much did the Ontario government agree to pay female workers in 2003?
$414 million
128
Who was one of the women who launched the Charter challenge?
Mary Kelly
129
What was Mary Kelly's occupation?
Community-care worker.
130
True or False: The Ontario government wanted to cancel pay equity.
True
131
What did Mary Kelly think about pay disparities for the same job?
She questioned why someone should make more than she did for the same job.
132
What role did Mary Cornish have in the Charter challenge?
Union lawyer.
133
Fill in the blank: The Charter challenge aimed to improve women's _______.
wages
134
What were the feelings of Mary Kelly regarding the media coverage of the settlement?
Disappointed that it ended up as back-page news.
135
What did Mary Kelly highlight about the importance of the settlement?
It was worth the effort to get more money for women in low-paying jobs.
136
According to Mary Kelly, who could not undertake such legal challenges alone?
An individual.
137
What does a labour union do?
Acts to protect workers' rights and interests.
138
What was a major barrier for the average person in pursuing legal action against the government?
The cost of hiring a lawyer.
139
True or False: The case went to a full hearing in court.
False
140
What was the outcome for women as a result of the Charter challenge?
They received $414 million in pay adjustments.
141
Fill in the blank: The Charter challenge was a group _______.
effort
142
What did Professor Olive Dickason challenge regarding retirement at age 65?
Whether the University of Alberta could force her to retire at age 65
## Footnote
Professor Dickason argued that forced retirement was discrimination based on age.
143
What does the Charter entitle everyone to regarding discrimination?
Equal protection and equal benefit of the law without discrimination
## Footnote
This includes protection against discrimination based on age.
144
What was the Supreme Court's decision regarding Professor Dickason's case?
The Supreme Court disagreed with her because she had agreed to retire at 65 before taking her position
## Footnote
This ruling indicated that prior agreements could impact claims of discrimination.
145
What actions have provinces in Canada taken since the Supreme Court ruling on forced retirement?
Reexamined their legislation concerning retirement
## Footnote
Some provinces, including Alberta, have made it illegal for employers to force employees to retire because of their age.
146
What are some examples of discrimination that the Charter protects against in the workplace?
Discrimination based on race, religion, or gender
## Footnote
The Charter of Rights and Freedoms creates equality rights in the workplace.
147
True or False: The Charter of Rights and Freedoms only protects against age discrimination.
False
## Footnote
The Charter also protects against discrimination based on race, religion, and gender.
148
Fill in the blank: The Charter creates _______ rights in the workplace.
equality
## Footnote
This refers to the right to work without facing discrimination.
149
What time period did Dr. Olive Dickason teach at the University of Alberta?
1985 to 1992
## Footnote
Dr. Dickason is a distinguished Métis historian.
