chapter 2: the charter of rights and freedom Flashcards
canadian constitution
1982
reasonable limit of clause
Rights and freedoms may be limited if the limitation can be justified in a free and democratic society.
overriding clause
allows governments to enact or maintain laws notwithstanding the fact they may violate rights and freedoms in the Charter.
the 3 fundamental freedom
- Freedom of Conscience and Religion
- Freedom of Thought, Belief, Opinion, and Expression
- Freedom of Peaceful Assembly and Association
conscience and religion
everyone in canada is free to practice and follow their religion or faith
Freedom of Thought, Belief, Opinion, and Expression
Includes all forms of communication and expression
Freedom of Peaceful Assembly and Association
the right to participate in peaceful demonstrations
association
the right of individuals to join together in groups
democratic rights
right of citizens to vote
mobility rights
right to enter and leave Canada; right to move between provinces and territories
equality rights
protection from discrimination
language rights
protection of Canada’s official languages in all government institutions
aboriginal rights
Section 25 of the Charter guarantees the existing rights of Aboriginal peoples
strike down
a court ruling that a law violates one or more Charter rights and therefore is invalid
read down
a court ruling that a law violates one or more Charter rights and part of it needs to be changed or amended
