Chapter 2 Definitions Flashcards
What is the Reasonable Limits Clause?
A provision in the Charter stating that rights and freedoms are not absolute and can be limited with justification
This clause balances individual rights with societal needs.
Define Right and Freedoms.
Legal entitlement that people can expect from the government
These are outlined in the Charter.
What is the Burden of Proof?
The onus of providing evidence to prove a legal argument in court
This principle is crucial in legal proceedings.
What does the Notwithstanding Clause allow?
It allows for the creation of certain laws that may supersede some Charter rights
This clause can be invoked by provincial legislatures.
What are Fundamental Freedoms?
Basic freedoms such as expression, religion, thought, peaceful assembly, and association
These freedoms are enshrined in the Charter.
What are Democratic Rights?
The right of Canadian citizens to vote
These rights ensure participation in the democratic process.
What does it mean for a law to be Entrenched?
Fixed or firmly secured in law
This term often refers to rights that cannot be easily altered.
What are Mobility Rights?
The right to enter and leave Canada and to move between provinces
These rights facilitate freedom of movement.
What are Legal Rights?
Rights that protect personal and privacy rights and safeguard procedural rights in the criminal law system
These are outlined in the Charter.
Define Remedy in a legal context.
The way in which a wrongdoing is fixed by the court or other judicial body
Remedies can include monetary compensation or injunctions.
What is a Stay of Proceedings?
A court order to stop the trial proceedings until a certain condition is met
This can be issued for various reasons, including legal challenges.
What are Equality Rights?
Protection from discrimination
These rights ensure equal treatment under the law.
What do Language Rights protect?
The provinces’ and Canada’s official languages in all government institutions
This ensures access to services in both official languages.
What are Aboriginal Rights?
The guarantee of the rights and freedoms of the Aboriginal people of Canada entrenched in the Charter
These rights acknowledge the unique status of Indigenous peoples.
What does it mean to Strike down a law?
To rule in court that a law is invalid and no longer in effect
This can occur if the law is found unconstitutional.
What does Read down mean in legal terms?
To rule that a law is generally acceptable, but a specific part is invalid or removed
This allows the rest of the law to remain in effect.
What is Read in?
To add a term to a law that changes it but allows it to remain constitutional
This process can help preserve the intent of the law.
What does it mean if a right is Infringed?
Broken or violated, as in an agreement or right that is infringed
Infringement can lead to legal action.
Define Judicial Activism.
When judges put their own personal views and values into their court judgment
This can influence the interpretation of laws.
