Canadain Charter Of Rightd And Freedoms Flashcards
What is the legal status of a citizen called?
Citizenship
Citizenship includes rights, responsibilities, and the means of acquiring it through birth or immigration.
What is a right?
A legal, moral, or social expectation that Canadians are entitled to from the government
Rights are essential for the functioning of a democratic society.
Define human rights.
A right that is believed to belong to every person
Human rights are justifiable and fundamental for all individuals.
What does freedom entail?
An opportunity to live your life without interference from the government unless you disturb the freedoms of others
Freedom is a core principle in a democratic society.
What is the relationship between responsibility and citizenship?
Responsibility includes your duty to do something and goes with citizenship
It involves not violating others’ rights and freedoms.
True or False: The Charter of Rights & Freedoms allows for the abuse of power by those in authority.
False
The Charter is designed to prevent the abuse of power.
Fill in the blank: The Charter of Rights & Freedoms was enacted in _______.
1982
This charter is a crucial part of Canadian law.
What does having authority imply?
Having power
Authority must be balanced with responsibility to prevent abuse.
What does responsibility mean in the context of society?
Something you are required to do as a member of society
What can happen if individuals do not act responsibly?
Others can lose freedoms
What are limitations to rights and freedoms intended to protect?
Public safety
What must limiting a person’s rights and freedoms be?
Justifiable
List the fundamental freedoms.
- Express your opinion
- Choose your own religion
- Organize peaceful meetings & demonstrations
- Associate with any person or group
What are democratic rights related to voting?
- Vote for member of the House of Commons
- Vote for provincial legislatures
- Vote for a new government every 5 years
What do mobility rights allow an individual to do within Canada?
- Move anywhere to earn a living
- Enter, stay, or leave Canada
Fill in the blank: Responsibility is something you are required to do as a member of _______.
[society]
True or False: Limitations to rights and freedoms can be arbitrary.
False
What are legal rights?
To be free of imprisonment, search & seizure without reasons backed by law or evidence
Legal rights ensure individuals are protected from arbitrary actions by the state.
What is the right to a fair trial?
A fair and quick trial by an impartial court that assumes the individual is innocent until proven guilty
This principle is fundamental to ensuring justice in legal proceedings.
What are equality rights?
To be free of discrimination because of race, nationality or ethnic origin, religion, gender, age, mental/physical disability, etc.
Equality rights promote fairness and prohibit discrimination in various aspects of life.
What does the Charter regulate?
Government behavior, not the people
This distinction emphasizes that the Charter is a tool for protecting citizens from government actions.
What is the purpose of the Notwithstanding Clause?
Gives Parliament and/or provincial legislatures in Canada the ability to override certain portions of the Charter for 5 years
This clause allows for temporary suspension of some Charter rights in specific circumstances.
How long can the Notwithstanding Clause be applied?
For 5 years
After 5 years, the clause must be renewed to continue to apply.
When does the Notwithstanding Clause usually come into play?
When there is a controversial court ruling
This clause is often invoked in response to decisions that may conflict with legislative intentions.
Fill in the blank: The Charter protects people from _______.
[government]
This highlights the role of the Charter in safeguarding individual rights against state actions.
What are collective rights under the Charter?
Belong to a certain group of people identified in the Charter of Rights and Freedoms
Founding nations include anglophones, francophones, and FNMI (First Nations, Métis, and Inuit) people.
What is the purpose of collective rights?
To affirm the collective identity of groups in society and to create a society where people of different identities belong.
What distinguishes Canada in terms of collective rights?
Soperates Canada from other countries due to its unique collective rights framework.
How are collective rights enshrined in Canada?
Through different law agreements as part of the dynamic relationships between Canada’s government and citizens.
What challenges have collective rights created for Canadians?
Created opportunities and challenges throughout Canada’s history.
What are the two official languages of Canada?
English and French.
Where is French primarily spoken in Canada?
Mostly in Quebec.
Where is English primarily spoken in Canada?
Everywhere else.
How did the BNA Act of 1867 affect Canada’s language rights?
Made Canada bicultural and bilingual, officially recognizing French and English.
What role do rights for Francophones and Anglophones play in Canada?
Helped make confederation possible.
What type of education is guaranteed under the language rights?
Public school education in both official languages.
What are the official languages in Canada?
French and English
What is the significance of New Brunswick in terms of official languages?
Established as officially bilingual province
What rights do minority language populations have regarding education?
Right to publicly funded schools that serve their language communities
Define ‘Minority’.
Small group within a larger group
What section addresses Minority Language Education Rights?
Section 23
Fill in the blank: The _______ language education rights ensure that French speaking and English speaking minorities have access to education.
Minority
What did the Royal Proclamation of 1763 guarantee?
Some rights and protections for First Nation people
It outlined how colonial administrations would interact with Indigenous peoples and established protocols for land acquisition.
What was the purpose of the British North America Act of 1867?
To give legislative jurisdiction to parliament over Indigenous people and land reserved for Indigenous
It aimed for voluntary enfranchisement, allowing Indigenous peoples to give up status in exchange for land and the right to vote.
What is one key feature of the Indian Act of 1876?
Confirmed collective rights for Indigenous peoples
It created ‘Indian agents’ for each reserve and aimed to protect treaty rights.
What was a significant criticism of the Indian Act of 1876?
It made laws without consulting Indigenous peoples
This lack of consultation was a major issue as it disregarded Indigenous perspectives and rights.
What concept does ‘curocentrism’ refer to in the context of Indigenous rights?
A focus on Euro-Canadian culture
The Indian Act aimed to convert First Nations into Euro-Canadian culture, undermining Indigenous identities.
What was the impact of the Indian Act on Indigenous governance and culture?
Stopped First Nations from expressing identities through governance and culture
The act imposed external governance structures that undermined traditional practices.
Fill in the blank: The Royal Proclamation of 1763 outlined how Colonial administrations would interact with _______ people.
First Nation
True or False: The British North America Act of 1867 promoted involuntary enfranchisement.
False
It aimed for voluntary enfranchisement.
What role did ‘Indian agents’ play according to the Indian Act of 1876?
They were created for each reserve
Their role was to oversee and administer the policies affecting Indigenous peoples.
What were the Numbered Treaties?
Agreements made between the Canadian Government and Indigenous Peoples between 1871-1921
These treaties involved the Crown purchasing land in exchange for annuities and reserve land for Indigenous groups.
What is an annuity?
A fixed amount of money paid each year
Annuities were part of the agreements in the Numbered Treaties.
What was the colonial perspective on the Numbered Treaties?
An inexpensive and convenient way to strip Aboriginal ownership
This perspective reflects a colonial mindset focused on resource acquisition.
What was the Aboriginal perspective on the Numbered Treaties?
To establish peace and share resources among the two groups
This perspective highlights the desire for mutual benefit and cooperation.
What was the Canadian government’s perspective on the Métis land rights?
Métis do not have the same right to land as First Nations
This view contributed to the marginalization of the Métis in land negotiations.
What is the Métis perspective on land rights?
Same rights to land as other Aboriginals
The Métis believe they deserve equal treatment in land rights discussions.
What was the purpose of the script offered to the Métis?
Document that can be exchanged for land offered to Métis during treaty negotiations
The script was a form of compensation for land loss.
What was the Manitoba Act of 1870?
Result of the Red River Rebellion giving Métis land rights and 500,000 hectares of land
This act was a significant legal recognition of Métis rights.
What was the Red River Rebellion?
Uprising by Métis individuals led by Louis Riel as a result of losing land to the Canadian government
The rebellion was a response to the encroachment on Métis land and rights.
Fill in the blank: The Numbered Treaties were agreements made between the Canadian Government and __________.
[Indigenous Peoples]
True or False: The Métis were offered the same land rights as First Nations.
False
The Canadian government did not recognize the same rights for the Métis as for First Nations.
