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Poli 1102 > Ch 18 - The Charter of Rights and Freedoms > Flashcards

Ch 18 - The Charter of Rights and Freedoms Flashcards

1
Q

What is the purpose of the Charter of rights and Freedoms?

A
  • To prevent democratic majorities from using political power to violate your rights
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2
Q

What did the Charter of Rights and Freedoms do in the CA 1982?

A
  • Entrenched rights in the text
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3
Q

What do statutes that are inconsisted with the Charter have?

A
  • No force or effect
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4
Q

How were civil liberties protected before the Charter?

A
  • Politicians voluntarily respected them
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5
Q

What was the Bill of Rights?

A
  • 1960, only applied to federal legislation
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6
Q

What is the Charter seen as today

A
  • An important part of Canadian Identity
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7
Q

What was the Charter seen to help bring Canadians on to?

A
  • Federal Government
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8
Q

what does the Charter expand on?

A
  • Bill of Rights
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9
Q

What does the Charter apply to?

A
  • Federal and Provincial Legislation
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10
Q

What does the Charter guarantee?

A
  • Fundamental freedoms
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11
Q

What does the charter include for languages?

A
  • Language rights
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12
Q

What are the two limits to the rights in the Charter of Rights and Freedoms?

A
  • Sec 1, Reasonable Limits Clause
  • Sec 33, Notwithstanding Clause
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13
Q

Explain the Reasonable Limits Clause

A
  • Rights may be subject to limitations
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14
Q

What does the Reasonable Limits Clause increase?

A
  • The role/power of the courts
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15
Q

What is the two stage process of the Reasonable Limits Clause?

A
  1. Does legislation violate charter right?
  2. Is violation a reasonable limitation to the right.
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16
Q

Explain the Notwithstanding Clause

A
  • Federal/provincial parliament may ‘exempt’ law from three parts of the Charter
17
Q

What three parts of the Charter can the Notwithstanding Clause overrule?

A
  • Fundamental Freedoms (Section 2)
  • Legal Rights (Section 7-12)
  • Equality Rights (section 15)
18
Q

What can parliament not use the notwithstanding clause on?

A
  • Democratic rights (sec. 3-5)
  • Mobility rights (6)
  • Language rights
19
Q

How long can legislation be exempt from judicial review for using the notwithstanding clause?

A
  • 5 years
20
Q

what does the notwithstanding clause allow for?

A
  • parliamentary supremacy, as apposed to the courts
21
Q

What do critics say about the notwithstanding clause?

A
  • compromises the charter
22
Q

What is constitutionalism?

A
  • political power exercised according to the rules of the constitution
23
Q

What is Judicial Review?

A
  • Courts responsible for determining whether laws are constitutionally acceptable
24
Q

What is a Stare Decesis?

A
  • Judges look to constitutional documents & decisions to determine whether a law is unconstitutional
25
Q

What do the critics of the charter say?

A
  • challenge democracy by transferring power away from the legislative branch to the judicial branch
26
Q

What loaded issues do critics of the charter question judicial rulings on?

A
  • Abortion
  • Medically Assistance in Dying
  • Same Sex Marriage
  • Drug Use
  • Sex Work
27
Q

What do defenders of the Charter say?

A
  • Majority rule must be tempered by respect for minority rights
28
Q

What do defenders of the charter say about politicians?

A
  • they cannot, alone, be trusted with protection of minority rights
29
Q

What do defenders of the charter say is needed?

A
  • Judicial elite to correct ‘illiberal excesses’ of democratic majority
30
Q

What do critics of the charter say it has done to change canada’s political system?

A

Legalized politics
- transfer power to courts
- Minority groups bypass legislature
- Most claims made by corporate interests

31
Q

What do defenders of the charter say about how it has changed Canadian politics?

A
  • Courts tend to be deferential to law of politicians
32
Q

What do critics of the charter point to the rulings of judicial branches?

A
  • conservative, reflect conservative politics of legal elite
33
Q

What has the charter done for the courts?

A
  • Made them more powerful and active players in the pre-charter era
34
Q

What has increased about the courts since 1982?

A
  • public awareness of court’s policy-making role
  • attention / scrutiny to judicial appointment
35
Q

What did the increased scrutiny of judicial appointments lead to?

A
  • Appointment of Michelle O’Bonsawin
  • First Indigenous SCC Justice
36
Q

What 6 Big Changes has the Charter of Rights Brought?

A
  • Limiting Police Powers
  • Women & Reproductive Rights
  • Recognition for Gay and Lesbian Relationships
  • Linguistic Rights fro Francophones outside Quebec
  • Strengthened Aboriginal Rights
  • Increased Judicial Activism
37
Q
A

Poli 1102 (13 decks)

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