Chapter 2: The Canadian Charter of Rights and Freedoms

Question 1

What is the purpose of reasonable limits clause?

Answer 1

It effects the balance between the rights of the individual and the interests of society by permitting limits to be placed.

Question 2

What is the burden of proof?

Answer 2

Bringin evdience to prof someone’s legal argument to the court

Question 3

When can freedom of expression be limited?

Answer 3

Writing sexist comments that promote hatred on an internet blog

Question 4

What is the notwithstanding clause?

Answer 4

Allows governments to create certain laws that contadict soem charter rights.

Question 5

What rights and freedoms apply under section 33?

Answer 5

Only fundamental freedoms

Question 6

What are the four fundamental freedoms of the charter?

Answer 6

Freedom of:
- Conscience
- Religion
- Thought
- beliefs
- opinion
- Expresion
- Peaceful assembly.

Question 7

What is freedom of religion?

Answer 7

You are free to practice any religion. No one can make you act in any way that goes against your your beliefs or conscience.

Question 8

Why were limits of freedom placed?

Answer 8

Because it was spreading hate propaganda

Question 9

What is the difference between freedom of association and freedom of peaceful assembly?

Answer 9

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.

Question 10

What limits are placed on freedom of peaceful assembly?

Answer 10

It has to be peaceful.

Question 11

Explain the democratic rights under the chapter.

Answer 11

• Right to vote
• Election held every five years
• Federal parliament and provintial legislatures must sit at least once every 12 monts.

Question 12

When are legible to vote in Canada?

Answer 12

18 years

Question 13

What are mobility rights?

Answer 13

The right to enter and leave Canada as well as the right to move across provinces.

Question 14

What is the exception of being able to seek employment in any province?

Answer 14

Provinces with lower than avergae employment rates can prevent citizens from other provinces to come look for workd

Question 15

How do mobility rights apply to permanent residents of Canada?

Answer 15

Permanent residents also have the right to enter an remain in Canada as lons as the follow Canada’s immigration laws.

Question 16

How section 7 has been used to support proper disclosure during a criminal trial?

Answer 16

The crown is required to tell the accused all the evidence and other information that they have against that person.

Question 17

What are legal rights?

Answer 17

Protects personal and privacy rights and safegurad procuderual rights in the criminal justice system.

Question 18

What is Remedy?

Answer 18

The way wrong doing is fixed by the court or other judicial body

Question 19

What are the rights of section 9 of the charter?

Answer 19

Everyone has the right to not be arbitrarily detained or or imprisoned.

Question 20

What does Arbitrarily mean?

Answer 20

not having sufficient reasons or evidence to detained someone or putting them on jail.

Question 21

Why are Section 9 rights limited during random police sobriety tests?

Answer 21

Beacuse of the RIDE program to protect society form harm caused by drunk drivers

Question 22

Three rights that everyone has during an arrest?

Answer 22

• To be informed of the reasons
• To be able to understand your rights in your laguage.
• to get legal advice.

Question 23

Distinguish between detention and arrest?

Answer 23

Detained is when limited is restricted, if there are enough reasons a detention could become and arrest.

Question 24

what are the rights when you are charged with an offense?

Answer 24

• 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

Question 25

What is a stay of proceedings?

Answer 25

A court order to stop the trial until a certian condition is met

Question 26

For what type of offenses does Canada have a mandatory minimum sentence?

Answer 26

• Muder
• Kidnapping
• Sexual assault
• Assualt
• Uttering threats

Question 27

When can the evidence given by a witness be used against him or her in court?

Answer 27

Lying under oath (perjury)

Question 28

What are the rights under section 14?

Answer 28

Anyone involved in a proceeding who does not understand or speak the languge of the court has the right to have an interpreter.

Question 29

In what ways is equality guaranteed under section 15 of the charter

Answer 29

1. Equal before the law
2. Equal under the law
3. Equal benefit
4. Equal protection

Question 30

List the grounds of discrimination covered by section 15.

Answer 30

• Race
• Nationality
• Etnic origin
• sex
• Age
• Physical disability
• sexual orientation
• Marital status
• Citizenship

Question 31

What is the purpose of Section 25?

Answer 31

The right and freedoms of teh charter can’t interfere with any aboriginal rights.

Question 32

What groups are included as Aboriginal?

Answer 32

First nation, Inuit, and Metis.

Question 33

What is the remedy?

Answer 33

A form to enforce a legal right resulting from a civil law suit

Question 34

What is strike down?

Answer 34

To rule in court that a law is invaid a no longer has effect

Question 35

What is read down?

Answer 35

to rule in court that a law is generally acceotable, but an specif part in unnecaptabble so it is removed