Civics Quiz - Dec, 2024 Flashcards
Define “Right”
A power or privilege held by the general public, that most believe shouldn’t be taken away.
Define “Freedom”
The power or right to act, speak, or think as one wants
or the ability to have autonomy over oneself
Freedom ends when someone feels endangered or threatened
Define “Entrench”
In a constitutional sense, to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution
A law put into the Constitution so that it cannot be changed
Who does the Charter apply to?
ABCF
All Branches of Government
Crown Corporations (anything owned by the government)
Federally incorporated companies and organizations
Banks
NOT private individuals and agencies
(these people are subject to Federal and Provincial Human Rights Codes)
What is the Supreme Court responsible for?
Before the Charter, the role of the Supreme Court was to interpret existing law.
Today, the Supreme Court of Canada is called “the guardian of the Constitution” (the highest level of Law in Canada)
During a case, it asks 3 questions:
What does the Supreme Court do to determine whether or not a case has merit?
It considers 3 questions:
- Was the right abused by the government or its agencies
- Is the question covered under the charter?
- Is the violation or infringement within a reasonable limit?
How do we refer to the Supreme Court?
“Guardians of the Constitution”
What are the 4 fundamental freedoms?
REPA
Freedom of…
- religion
- expression
- peaceful assembly (the right to hold protests, for example)
- association (the freedom to join or leave groups voluntarily like men in a hair salon, for example)
What is section 7 of the charter?
Everyone has the right to life, liberty, and security and the right not to be deprived of them unless in accordance with the principles of fundamental justice.
An example of this law being accentuated is the right to medically assisted death.
Arguably the most important
What is the Sue Rodriguez case?
- 1993 case with Sue Rodriguez against British Columbia (Attorney General)
- Sue fought for the legal right to physician-assisted death (it was a criminal offence at the time)
- the Supreme Court ruled against her
- the Supreme Court argued that it was a common belief that human life is sacred, and therefore, a human shouldn’t have the right to choose to die
- there was also concern for vulnerable people (children, elderly, mentally impaired). Could they be taken advantage of?
- since, attitudes have changed, and this right was brought up again. In 2016, physician-assisted death was passed in parliament, making it allowed
- The Supreme Court of Canada says that the ruling applies only to competent adults with enduring, intolerable suffering who consent to end their lives
What is the Indian Act, its purpose, and impact?
The Indian Act is a Canadian Federal Law that governs matters regarding Indian status, bands, and Indian reserves.
Purpose: to assimilate Indians by terminating their cultural ways of living
Impact: the Indian Act took away the rights, abilities, and culture of First Nations people, which enabled trauma and human rights violations
What are the consequences of the Residential Schools
- the residential schools have made a lasting, intergenerational effect on the First Nations people
- children were driven away from their culture, so when they went home after residential school, they did not know how to live
- the children were abused physically, emotionally, and sexually, and were, therefore, traumatized
- they were also unable to have loving marriages or care for their children in an affectionate manner
- the trauma they face has resulted in higher rates of drug abuse and suicide
What is assimilation?
The forced conversion was imposed upon First Nations people to become just like the rest of the Canadian society and as Europeans. This assimilation was done by forcing children between ages 4 and 16 to attend residential schools, where children were forced to forget their culture and become Euro-Canadian
