Charter of Rights and Freedoms- Chapter 4 Flashcards
Right
A legal, moral, or social entitlement that cities can expect, mainly from the government. For example, a person accused of committing an offence is entitled to a fair trial.
Freedom
The right to conduct one’s affairs without governmental interference granted by a person in power to a collective group. For example, the freedom to enter and exit Canada and to seek employment. Freedoms, however, have limitations that are necessary to protect public safety and the fundamental rights and freedoms of others.
Inalienable Rights
Inalienable rights are guaranteed entitlements that cannot be transferred from one person to another. This concept was established by The Declaration of Independence signed in 1776 in the United States and by the Declaration of the Rights of Man signed in France in 1789. These two documents declared that all people have natural rights, and they provided individuals with the inalienable rights to equality and liberty.
Franchise
The right to vote.
Entrench
To entrench 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 identified as part of the Constitution ensures that they are protected, regardless or the government in power; it also means that they become constitutional law, which can override all other laws. This was achieved in 1982 by Pierre Elliot Trudeau, who patriated the Canadian Constitution and entrenched the Canadian Charter of Rights and Freedoms.
Override
To prevail over. Agreement on the terms of partition between the federal government and nine of the provinces was finally reached on November 5th, 1981, but only on the condition that a clause be added that would allow the provinces some power to override or legislate around the Charter. This resulted in section 33 of the Charter, or the Notwithstanding Clause.
Invoke
To put in effect. When a government decides to invoke the notwithstanding clause to pass legislation that violates one of the protected rights in the Charter, it must identify the particular law and the sections of the Charter that are being overridden.
The Notwithstanding Clause
Section 33 of the Canadian Charter of Rights and Freedoms, which allows federal and provincial governments to pass legislation that is exempt from section 2 (fundamental freedoms) and from sub-section 7 through 15 (legal and equality rights) of the Charter. This exemption can only remain in effect for up to five years, and at the end of the period, the government must make a renewed declaration. Since its instalment, the notwithstanding clause has been a controversial aspect of the Charter.
Interveners
Third-party participants in a legal proceeding. Also known as “friends of the court”. Interveners have a special interest in the proceedings and are allowed to promote their views. They are considered “expert presenters” and are used to inform justices, although not as witnesses. An examples of an interveners is MADD (Mother’s Against Drunk Drivers).
Dissemination
Spreading ideas widely. Section 2(a), freedom of conscience and religion, means that citizens have a right to entertain the religious beliefs they chose, to declare these beliefs openly and without fear, and to express your religious beliefs through practice, worship, teaching, and dissemination. According to this section of the Charter, no one can be forced to act in a way contrary to one’s beliefs or conscience.
Abrogate
To abolish or annul. The Charter must not be seen as a way to either abrogate or derogate (nullify or diminish) the rights of Aboriginal peoples. This is outlined in section 25 of the Charter, which works to protect the culture, customs, traditions, languages, and other rights or freedoms pertaining to Aboriginal peoples.
Derogate
To take away or detract. The Charter must not be seen as a way to either abrogate or derogate (nullify or diminish) the rights of Aboriginal peoples. This is outlined in section 25 of the Charter, which works to protect the culture, customs, traditions, languages, and other rights or freedoms pertaining to Aboriginal peoples.
Extradition
Surrendering an accused person to another jurisdiction to stand trial. Section 6 of the Charter concerns the rights of Canadian citizens to move in and out of the country and between provinces. The majority of Charter cases involving section 6(1) concern the issue of extradition and the federal “Extradition Act”. The Supreme Court of Canada has ruled that persons can be sent to other countries to face trial, but has ruled against extraditing people accused to capital offences to a country where the death penalty is legal. It is the court’s view that sending a suspect to far the possibility of a death penalty would violate that person’s right to life.
Capital Offences
A crime punishable by death in some jurisdictions. While the Supreme Court of Canada has ruled that persons can be sent to other countries to face trial, but has ruled against extraditing people accused to capital offences to a country where the death penalty is legal. It is the court’s view that sending a suspect to far the possibility of a death penalty would violate that person’s right to life.
Ameliorate
To improve. Under section 15(2), programs set up by governments to ameliorate, or improve, the conditions of certain disadvantaged groups or individuals are permissible even if they are seen as discriminatory to the majority. For example, a law that provides for preferential parking for handicapped persons is acceptable.
