individual Rights in Canada: the Canadian charter of rights and freedoms Flashcards
what are the fundamental freedoms?
freedom of religion, freedom of expression, freedom of association, freedom of assembly, and freedom of the press
what is the freedom of religion?
any religion or none can be practiced in Canada
what is the freedom of expression?
freedom of your own thoughts, opinions and speech so long as you do not infringe on the laws that protect the rights and safety of others
what is the freedom of association?
you are free to associate with whoever
what is the freedom of assembly?
you are free to peacefully gather
what is the freedom of the press?
the media is free to print and broadcasters and information under justifiable and reasonable limits set out by the law. they can not put out out anything treasonous or slanderous.
who has the right to vote in elections?
Canadian citizens over 18
who has the right to have someone hold the government accountable?
Canadian citizens have the right to have and elected representative sit once a year in parliament and in legislation to hold government accountable
what do citizens have the right to do regarding elections?
citizens have the right to run in an election, and the right to seek an election
how long can an elected government hold power?
an elected government cannot hold power indefinitely. the government term is four years
when does the charter require an election?
the charter requires an election every five years, unless there is a national emergency, or possibly a local one, or if 2/3 of the House agrees to delay
who has the right to enter, remain in, or leave Canada, and who doesn’t?
Canadian citizens, BUT NOT PERMANENT RESIDENTS, can enter, remain in, or leave Canada
who has the right to live and seek work anywhere in Canada?
Canadian citizens AND permanent residents have the right to live and seek work anywhere in Canada
Canadian governments cannot discriminate against someone on what basis regarding work and where they live?
Canadian governments cannot discriminate on the basis of someone’s current or previous province residence.
what is an example of a Canadian government discriminating against someone on the basis of the current or previous province residence?
a qualified professional in one province cannot be denied working there because they do not live there.
can laws set residency requirements?
laws can set reasonable residency requirements for certain social and welfare benefits.
what happens when provinces have employment rate below the national average?
provinces with below national average employment rates may set up programs for socially and economically disadvantaged residents, without having to extend them to non residents
who is equal before the law?
everyone, regardless of race, national or ethnic origin, colour, religion, sex, gender, age, or mental or physical disability, is equal before the law
what are the legal rights in canada?
security of the person, presumed innocence, expectation of privacy, protection against arbitrary arrest or detention, protection against random or arbitrary actions by law enforcement, protected from cruel and unusual punishment
security of the person
the charter protects the basic human rights to life, liberty, and physical and psychological safety. no one can be deprived of these rights except through fair legal procedures and based on clear, fair laws
does Canada have capital punishment?
no, Canada does not have capital punishment.
presumed innocence
the right to be presumed innocent until proven guilty is a basic constitutional guarantee
expectation of privacy
the charter protects everyone’s reasonable expectation of privacy in their homes, private spaces, and personal information. this includes protection against unreasonable searches and seizures. you generally need a judge approved warrant to take actions which interfere with privacy.
protection against arbitrary arrest or detention
protection against arbitrary arrest or detainment, officers must have reasonable grounds to believe you have committed a crime, you have the right to challenge the legality of the detention