Chapter 4 Flashcards
Abrogate
to abolish or remove
used in reference to the aboriginal rights in s. 25
Ameliorate
to improve
used in reference to improving the conditions of disadvantaged groups in s. 15(2)
Capital Offences
a crime punishable by death in certain jurisdictions
used in reference to the fact Canada won’t extradite individuals that may face death as punishment
Derogate
to take away or detract
used in reference to the aboriginal rights in s. 25
Dissemination
to spread ideas widely
used in reference to Section 2 (a), is allowed in Canada
Entrench
to protect and guarantee a right or freedom by ensuring by ensuring that it can only be changed by an amendment to the Constitution
used in reference to Trudeau’s goal to entrench the Canadian Charter of Rights and Freedoms
Extradition
surrendering an accused person to another jurisdiction to stand trial
Canada has extradition treaties with some countries and not others
Franchise
the right to vote
used in reference to Canada’s limited franchise at points in our history
Freedom
a subset of rights that allow one to conduct one’s business without interference from the government
Inalienable Rights
guaranteed entitlements that cannot be transferred from one person to another
first established in the Declaration of Independence in US in 1776 and furthered by Declaration of the Rights of Man in France in 1789
Interveners
third-party participants in a legal proceedings; also called “friends of the court”
usually individuals or organizations that have a special interest in the proceedings
Invoke
to put into effect
used in reference to the notwithstanding clause and how the government must publicly identify the law and the sections of the Charter being overridden
Notwithstanding Clause
s. 33 of the Charter which allows federal and provincial governments to pass legislation that is exempt from s.2 and ss. 7 to 15 of the Charter
mainly put in the Charter to make provincial premiers content
Override
to prevail over
used in reference to the notwishstanding clause and the ability for provincial governments to override certain sections of the Charter
Right
a legal, moral or social entitlement that citizens can expect, mainly given by the government