charter sections Flashcards
Sec.1
-limitations clause:
-allows government to limit our rights
-must be justified
Sec.3-5
-voting and mobility rights
Sec.7-14
-legal rights
-for criminal justice system
Sec.15
-equality rights
-focus on justification of unequal treatment
Sec.16-23
-language rights
-protection of minority languages
Sec.24
-remedies of the charter
-gives courts rights to exclude evidence if it is ineffective
Sec.25-34
-indigenous rights, gender and equality, opting out of previsions
Sec.33
-notwithstanding clause:
-ability to opt out of legislation even when the legislation is deemed too unconstitutional
Sec.38
-general amending procedure
-amendment requires support from HOC, senate, and 2/3rds of provinces
-no province can veto a constitutional change
Sec.41
-unanimity of federal and provincial government
-every province has veto
-any legislation aimed to eliminate the office of king/queen, governor general, lieutenant governor- must have full consensus from all fed. And prov. Governments
-provinces can veto issues that are considered to have national significance
Sec.43
-language previsions
-only affects certain provinces
-provisions can be changed with consent of fed. Government and affected province
-other provinces have no say
Sec.91
-gives federal government legislative powers to matters that don’t specifically fall under federal or provincial jurisdiction
-gives federal government jurisdiction in provinces in case of emergency
-property, unemployment, census, military, currency, patents….
Sec. 92
-jurisdictional power given to the provinces
-province taxation, public land, local works….