Charter of Rights and Freedoms Quiz 1

Question 1

Describe the Oaks Test

Answer 1

• The reason for limiting the Charter right must be shown to be important enough to justify overriding a constitutionally protected right.
• The measure carried out to limit the right must be reasonable and logically connected to the objective for which it was enacted.
• The right must be limited as little as possible.
• The more severe the rights limitation, the more important the objective must be.

Question 2

What is the difference between a Right and a Freedom?

Answer 2

A right is a legal or moral privilege that a citizen can expect from his or her government.

A freedom is the RIGHT to conduct his or her’s affairs without government intrusion

Question 3

Describe the Notwithstanding Clause and where in the Canadian Charter of rights and Freedoms it effects?

Answer 3

4. Section 33 or better known as the Notwithstanding Clause enacts a government the power to pass a law that violates aspect(s) of the Charter of Rights and Freedoms. I believe that in the process of creating laws, that there can be violations to our human rights that may be necessary in order of achieving a greater goal. I think that I t belongs there so that laws have not only restrictions but allows for breathing room.

It can be applied in sections 2, 7-15.

Question 4

Identify the three questions used to determine whether a charter rights case can be heard before the supreme court of Canada.

Answer 4

Was the right infringed or violated by a government or its agencies?

- Is the right in question covered under the charter?
- Is the violation or infringement within a reasonable limit?

Question 5

What are inalienable rights?

Answer 5

guaranteed entitlements that cannot be transferred from one person to another

Question 6

What is the difference between the Canadian bill or rights and The Charter of Rights and Freedoms?

Answer 6

The bill of rights was the original document outling basic rights of canadian citizens, whereas the Charter was included in the constitution, therefore, becoming more superior because nothing overrides constitutional law. As well the Charter goes into greater depth than the bill of rights.

Question 7

Define entrench

Answer 7

to protect and guarantee a right or freedom by ensuring it can only be changed by an amendment to the constitution.

Question 8

Who are Interveners?

Answer 8

Third party participants in a legal proceeding; also called “Friends of the court.”

Question 9

What is Dissemination

Answer 9

spreading ideas widely

Question 10

Extradition

Answer 10

Surrendering an accused person to another jurisdiction to stand trial.