Chapter 2 Flashcards

1
Q

Burden of proof

A

The onus bringing forth proof to prove someone’s legal argument to the court

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2
Q

Democratic Rights

A

The rights of the people to elect governments

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3
Q

Entrenched

A

Fixed firmly in law specifically made part of Canada’s constitution so that it can only be changed by an amendment to the constitution

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4
Q

Equality rights

A

Protection from discrimination

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5
Q

Fundamental freedoms

A

Basic freedoms including freedom of expression and freedom of religion

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6
Q

Infringed

A

Broken or violated as in an agreement or right that is infringed

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7
Q

Legal rights

A

Safeguards for a persons procedural rights in the criminal justice system

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8
Q

Mobility rights

A

The right of a person to enter remain in and leave Canada and to move from province to province within a country

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9
Q

Notwithstanding clause

A

Allows provinces and territories to create laws they operate in spite of certain contradictions within a charter

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10
Q

Reasonable limits clause

A

Provision in the charter of rights and freedoms stating that the charter is not absolute and therefore can be limited if there is justification

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11
Q

Remedy

A

A method for a person to enforce her or his rights in court

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12
Q

Rights and freedoms

A

Things Canadians are allowed to do and the things that Canadians can expect of the governments as guaranteed in the charter of right and freedoms

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13
Q

Double Jeopardy

A

Can’t serve the same sentence twice

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14
Q

Hung jury

A

When the jury can’t decide

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15
Q

Key points

A

Unreasonable search and seizure
Arbitrary arrest
Life liberty and security of a person

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16
Q

Voir dire

A

Trial within a trial to determine the admissibility of evidence

17
Q

Remedies

A
Sentence will be reduced 
Dismiss charges
Cancel search warrant 
Lawyers fees
Cops did something bad 
Financial composition
18
Q

Habeas corpus

A

Judge demand a good reason for someone to be brought to court