Charter Study Flashcards
Section 1
Rights And Freedoms In Canada
1: The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free democratic society.
S. 2
a,b,c,d,
Fundamental Freedoms
2:Everyone has the following fundamental freedoms:
Freedom of conscience and religion;
Freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication;
Freedom of peaceful assembly; and
Freedom of association
s.7
Life, Liberty, And Security of Person
7: Everyone has the right to life, liberty, and security of he person and the right not to be deprived thereof except in accordance with the principles of fundamental justice
S.8
Search or Seizure
8: Everyone has the right to be secure against unreasonable search or seizure
S.9
Detention or Imprisonment
9: Everyone has the right not to arbitrarily detained or imprisoned
S.11
b,c,d,f,
11: Any person charged with an offence has the right:
11b: To be tried within a reasonable time
11c: Not to be compelled to be a witness in proceedings against that person in respect of the offence
11d: To be presumed innocent until proven guilty according to law in a fair and public hearing
11f: Except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment
S.12
Treatment or Punishment
12:Everyone has the right not to be subjected to any cruel and unusual treatment or punishment
S.13
Self-Crimination
13:a witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence
s.15
1,2,
Equality before and under the law and equal protection and benefit of the law
15: (1) every individual i equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability
(2) Subsection (1) does not preclude any law, program, or activity that has its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability
s.23.1
a,b,
Language of Instruction
23.1: Citizens of Canada:
Whose first languages learned and and still understood is that of he english or french linguistic minority population of the province in which they reside or
Who have received their primary school instruction in Canada in english or french and reside in a province where the language in which they received that instruction is the language is of the english of french minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province.
s.24.1
1,2
Enforcement of guaranteed rights and freedoms
- 1: (1) anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances
(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard, to all the circumstances, the admission of it in the proceedings would bring the administration of justice into dispute
s.33
1,3,4
Exception where Express Declaration
33: (1) parliament or the legislature of a province may expressly declared in an Act of Parliament or of the legislature, as the case may be, that the Act or provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this charter.
(3) A declaration made under subsection (1) shall cease to have affect 5 years after it comes into force or on such earlier date as may be specified in that declaration
(4) Parliament or a legislature of a province may reenact a declaration made under subsection(1)
Oakes Test steps
Step 1: Does the issue involve government Law or action? If “yes” continue.
Step 2: 1. What is the objective of the law or government action?
2. What rights are lost by the person?
3. What’s more important: The Judges decision, or the persons rights?
Step 3: Does the law meet its purpose? If No it can be struck down. If Yes it can be saved.
Bill 101 and sections used
Ford was one of five retailers challenging the validity of two sections of the Charter of French Language, a Quebec provincial statute commonly known as Bill 101.public signs, posters, and commercial advertising were required to be in French only,
unless health and safety were concerned.She legally challenged the validity of the law on the basis that it infringed on her freedom of expression.The evidence presented by the Attorney General of Quebec did not demonstrate that the requirement of the use of French only was either necessary. Sections Used: S.2.b
5 tools a judge can use
- Strike Down - If a judge believes that a law violates part of the Charter than the judge can remove that law by doing a strike down which makes the law be of “no force or effect”.
- Read Down - If a judge believes a law is just and should be kept, but its use would be
unfair in a specific case, he can make an exception for the law in that specific case. - Read In - If a judge believes that a law was incomplete when it was written and therefore is unfair in a specific case, he can pretend the law says something it does not actually say. The most famous example of this is that S. 15 of Charter does not include Sexual Orientation, however, in the Vriend case, the judge chose to pretend that it did in order to protect Vriend’s rights. The judge’s rationale was that if the people who drafted the Charter had thought of Sexual Orientation he believed that they would have included it in 1982.
- S. 24.2 - Any illegal search, or evidence obtained illegally, must be thrown out of the
trial. If the trial was dependent on that evidence or search then the trial would be dismissed. - S. 24.1 - This basically says that if a judge can not remedy your rights by doing a Strike Down, Read Down, Read In, or by using S. 24.2, then the judge can do whatever else he feels necessary to return you your rights.
