L4: the Charter Flashcards
What is the Charter?
Charter is Appendix to Constitution Act of 1982
what is the purpose of the Charter?
protect certain rights and freedoms from government interference
what 3 ways does the Charter protect us from govt?
- protect from passing potentially discriminatory laws
- protect from gov’t dept/board from making potentially discrim. decisions.
- protect from conduct/actions that may be discriminating against us.
why is constitution important?
trumps all other laws in Canada.
- all other laws conform to Charter.
- difficult to remove rights
what does the Charter protect? (9)
- fundamental freedoms
- legal rights
- equality rights
- democratic rights
- mobility rights
- language rights
- minority language education rights
- aboriginal rights
- multicultural rights
what section are fundamental freedoms?
- entails?
- wording?
s. 2
- freedom of religion, assembly, association
- everyone: citizen, visitor, resident.
where are legal rights found?
- entails?
ss. 7-14
- rights if every charged for criminal offence
where are equality rights
- entails?
s15. right to not be discriminated against
where are democratic rights?
- entails?
s.3
rights of citizens to vote, elect, run for office
where are mobility rights? entails?
s6
right to move freely within country, to live in diff province
where are language rights?
entails?
ss.16-22
french + english are 2 official languages and of equal status
where are minority language education rights
s23
if speak minority official language you have the right to be educated in that language
where are aboriginal rights?
s25
native/indian rights.
land treaties
where are multicultural rights
s.27
what is the Canadian bill of rights
- year?
1960
- precursor to Charter.
- not entrenched in const. weak
4 types of rights described in bill of rights?
- life, liberty, security of person
- equality rights ( limited - only 5 grounds)
- fundamental freedoms (limited compared to Charter
- legal rights
why was bill of rights so weak?
rights in limited areas, narrow scope
not constitutional document
ordinary piece of legislation
no power to use it against legislation that’s unconstitutional.
4 improvements in Charter from Bill of rights?
- entrenched in constitution
- law found unconstitutional can be struck
- charter encompasses greater number of rights
- rights are broader in scope (broader language)
what is section 1?
guarantee of rights and freedoms
- exceptions to reasonable limits
- rights not absolute
- balance rights of individual with rights of society = Oakes test
what is section 2?
fundamental freedoms (broader than BoR)
- conscience + religion
- thought, belief, opinion, expression, press + other
- peaceful assembly
- association
what is section 3?
- who is entitled?
democratic rights
- citizens
- hold office, vote etc.
who is entitled to section 2?
everyone: citizen, visitor, resident, corporation
what is section 6?
- who’s entitled?
mobility rights
- every citizen has right to enter + leave Canada
- every citizen/perm resident can move btw province + gain livelihood there
what do sections 7-14 pertain to?
legal rights
- life, liberty, security of person
- search and seizure with reasonable grounds
- not arbitrarily detained
- retain counsel
- tried in reasonable time
- no self incrimination
- no death penalty, cruel + unusual punishment
what is habeus corpus
“bring forth the body”
- means accused person must be physically present in court room
what is section 15?
equality rights
- cannot discriminate based on 9 grounds. sexual orientation is read in as if it were there.
what is the right to affirmative action program
give ppl who used to be subject to discrimination preferential treatment in areas that they were discriminated against.
what 2 things are in sections 16-23
language + minority education rights
- E+F
- education in minority language (IFF: population numbers warrant it)
who is covered by section 7 - legal rights?
everyone - all ppl, no corporations.
who is convered by s15 - equality rights
every individual
s24 - remedies
- right to charter challenge in court.
- right to exclude evidence in court if was obtained in manner that infringed (if taint justice system by keeping - exclude)
- court give remedy that is appropriate + just
section 25?
aboriginal rights
- refer to royal proclamation act.
section 27
multicultural heritage
- preserve + enhance multicultural heritage of canadians
section 32 - application section
protected from parliament, gov’t of canada, all provinces + territories
- protected from legislation which breaches constitution + unconstitutional actions
- NOT protected against private activity = Provincal human rights + law of torts
s33 - notwithstanding clause
govt can “opt out” of certain charter rights.
- rarely used
- if do use, have to write legislation as “operates notwithstanding” and is reviewed every 5 years
section 52 - strike laws
courts have power to strike laws that violate the charter.
- severence of offending section
- reading in
which rights can nowithstanding clasue act on?
fundamental freedoms (s2) legal rights (7-14) equality rights (s15)
