Chapter 2: The Canadian Charter of Rights and Freedoms Flashcards
What is the purpose of reasonable limits clause?
It effects the balance between the rights of the individual and the interests of society by permitting limits to be placed.
What is the burden of proof?
Bringin evdience to prof someone’s legal argument to the court
When can freedom of expression be limited?
Writing sexist comments that promote hatred on an internet blog
What is the notwithstanding clause?
Allows governments to create certain laws that contadict soem charter rights.
What rights and freedoms apply under section 33?
Only fundamental freedoms
What are the four fundamental freedoms of the charter?
Freedom of:
- Conscience
- Religion
- Thought
- beliefs
- opinion
- Expresion
- Peaceful assembly.
What is freedom of religion?
You are free to practice any religion. No one can make you act in any way that goes against your your beliefs or conscience.
Why were limits of freedom placed?
Because it was spreading hate propaganda
What is the difference between freedom of association and freedom of peaceful assembly?
Freedom of peaceful assembly is the right of participate in public demonstration.
Feedom of association is the right for individuals to join together in groups.
What limits are placed on freedom of peaceful assembly?
It has to be peaceful.
Explain the democratic rights under the chapter.
- Right to vote
- Election held every five years
- Federal parliament and provintial legislatures must sit at least once every 12 monts.
When are legible to vote in Canada?
18 years
What are mobility rights?
The right to enter and leave Canada as well as the right to move across provinces.
What is the exception of being able to seek employment in any province?
Provinces with lower than avergae employment rates can prevent citizens from other provinces to come look for workd
How do mobility rights apply to permanent residents of Canada?
Permanent residents also have the right to enter an remain in Canada as lons as the follow Canada’s immigration laws.
How section 7 has been used to support proper disclosure during a criminal trial?
The crown is required to tell the accused all the evidence and other information that they have against that person.
What are legal rights?
Protects personal and privacy rights and safegurad procuderual rights in the criminal justice system.
What is Remedy?
The way wrong doing is fixed by the court or other judicial body
What are the rights of section 9 of the charter?
Everyone has the right to not be arbitrarily detained or or imprisoned.
What does Arbitrarily mean?
not having sufficient reasons or evidence to detained someone or putting them on jail.
Why are Section 9 rights limited during random police sobriety tests?
Beacuse of the RIDE program to protect society form harm caused by drunk drivers
Three rights that everyone has during an arrest?
- To be informed of the reasons
- To be able to understand your rights in your laguage.
- to get legal advice.
Distinguish between detention and arrest?
Detained is when limited is restricted, if there are enough reasons a detention could become and arrest.
what are the rights when you are charged with an offense?
- Right to be told what the specific offense is without dekay
- Right to have a trail under reasonable time.
- Accused can’t be accused to testify
- Cant be denied reasonable bail without good reason.
- The right to have a trial by jury
