Chapter 2 Flashcards
Burden of proof
The onus bringing forth proof to prove someone’s legal argument to the court
Democratic Rights
The rights of the people to elect governments
Entrenched
Fixed firmly in law specifically made part of Canada’s constitution so that it can only be changed by an amendment to the constitution
Equality rights
Protection from discrimination
Fundamental freedoms
Basic freedoms including freedom of expression and freedom of religion
Infringed
Broken or violated as in an agreement or right that is infringed
Legal rights
Safeguards for a persons procedural rights in the criminal justice system
Mobility rights
The right of a person to enter remain in and leave Canada and to move from province to province within a country
Notwithstanding clause
Allows provinces and territories to create laws they operate in spite of certain contradictions within a charter
Reasonable limits clause
Provision in the charter of rights and freedoms stating that the charter is not absolute and therefore can be limited if there is justification
Remedy
A method for a person to enforce her or his rights in court
Rights and freedoms
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
Double Jeopardy
Can’t serve the same sentence twice
Hung jury
When the jury can’t decide
Key points
Unreasonable search and seizure
Arbitrary arrest
Life liberty and security of a person