Chapter 4 Things to Know Flashcards
What are the four Fundamental Freedoms?
- Freedom of Expression/Speech/the Press/Thought
- Freedom of Conscience/Religion
- Freedom of Assembly
- Freedom of Association
What word means “To spread your thoughts far and wide”?
Dissemination
The Charter Challenge Test consists of 3 Questions:
- Does the law in question violate the right?
- Is the right in question protected by the charter?
- Is the violation reasonable and within a reasonable limit?
Which Sections of The Charter can be violated under the Notwithstanding Clause?
Sections 2 or 7 to 15
The important difference between The Bill of Rights and the Canadian Charter of Rights and Freedoms is?
The Bill of Rights is just a statute, and holds only as much power as any other statute. The Charter is above the jurisdiction of statutes to legislate against, unless the notwithstanding clause is invoked.
Why were some politicians concerned about entrenching the Charter of Rights and Freedoms in the Constitution?
They were concerned because it shifted power from the legislature to the Judiciary.
The Criteria used to determine whether or not a Charter violation can be justified are?
- The limiting of the right must be worth what is it hoped that the infringing law will accomplish.
- The infringing law has to directly help to accomplish the goal of the law/bill.
- The right has to remain intact as much as possible.
- The importance of the objective has to be proportional to how much the right is being infringed.
Who manages dealings with First Nations reserves?
The Federal Government is in charge of dealings and funding of all First Nations reserves.