Chapter 4 Vocab Flashcards
Abrogate
It means to abolish or annul or nullify. In the context of the Charter, the terms of the Charter must not be seen as a way to abolish Aboriginal peoples’ rights and in fact courts have determined that s. 25 (Aboriginal Rights) gives no new rights but instead protects Aboriginal rights from any Charter provisions.
Ameliorate
It means to improve. In terms of equality rights according to s. 15(2), programs established by governments that improve the welfare of disadvantaged groups or individuals are allowed even if these programs are viewed as discriminatory to the majority (for example, disability parking permits).
Capital offences
It is where a crime is punishable by death in some jurisdictions. With respect to mobility rights, there have been different opinions on the extradition of Canadian citizens to face trial in other countries where the death penalty is legal. The Supreme Court of Canada has argued that extraditing people to other countries is of “sufficient importance to warrant overriding the constitutionally protected right of citizens to stay in Canada.” In contrast, the court has ruled against sending people to other countries where the death penalty is legal as this would violate one’s right to life.
Derogate
This means to take away or detract or diminish. With respect to aboriginal rights (s. 25), the terms of the Charter must not be viewed as a way to diminish Aboriginal peoples’ rights.
Dissemination
It means spreading ideas widely. In terms of freedom of conscience and religion (section 2(a)), one can express religious beliefs through practice, worship, teaching and spreading ideas widely to others.
Entrench
It is “to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution.” Having rights and freedoms entrenched in the Constitution ensures that these rights are protected regardless of the government in power. These rights and freedoms are constitutional law which overrides all other laws. Any other laws created by federal or provincial must be consistent with the Constitution. However, government can change rights but only after satisfying strict requirements of an amending formula.
Extradition
It is the act of giving up an accused person to another country to face trial. There have been differing opinions on this issue that pertains to mobility rights (s. 6(1)). The Supreme Court of Canada has ruled that sending Canadian citizens to other countries where the death penalty is legal to stand trial is “of sufficient importance to justify overriding the constitutionally protected right of citizens to stay in Canada.” However, the Court has decided that sending citizens to other countries where the death penalty is legal would violate the right to life.
Franchise
It is the term that means the right to vote. In general, limited franchise has been a part of Canada’s human rights history. Women were prohibited to vote until 1918. Later in 1929, the Famous Five appealed to the Privy Council in England resulting in women being recognized as “people” as well.
Freedom
It is the right “to conduct one’s affairs without government interference.” A freedom is a right. For example, you have the right to find work in any area of Canada.
Inalienable rights
Inalienable rights are guaranteed entitlements pertaining to liberty and equality that cannot be sold/transferred from one person to another. The Declaration of Independence signed in the United States in 1776, the Declaration of the Rights of Man signed in France in 1789, and more recently the Universal Declaration of Human Rights 1948 guaranteed these inalienable rights.
Interveners
They are third-party participants in a legal proceeding known as “friends of the court.” They have a special interest in the proceedings and are allowed to advocate for their views. Examples include Mothers Against Drunk Driving and the BC Civil Liberties Association.
Invoke
It means to put into effect. When the Notwithstanding Clause is invoked to pass legislation that violates one of the protected freedoms in the Charter, it must specify the specific law and the sections of the Charter that are affected.
Notwithstanding Clause
This is Section 33 of the Charter which allows federal and provincial governments to pass legislation that is exempt from s. 2 (fundamental freedoms) and ss. 7 to 15 (legal and equality rights). The exemption can only remain in effect for five years. After, the Notwithstanding Clause must be renewed in order to stay.
Override
This means to prevail over. The Notwithstanding Clause gives provincial and federal governments some power to pass laws that override certain sections of the Charter (s.2, ss. 7-15) for the greater good of the people.
Right
It is a moral, legal, or social claim that one is entitled to such as a privilege, immunity or authority to act.
It is primarily granted by the government upon its citizens. An example is the right to be entitled to a fair trial.
