L4: the Charter

Question 1

What is the Charter?

Answer 1

Charter is Appendix to Constitution Act of 1982

Question 2

what is the purpose of the Charter?

Answer 2

protect certain rights and freedoms from government interference

Question 3

what 3 ways does the Charter protect us from govt?

Answer 3

1. protect from passing potentially discriminatory laws
2. protect from gov’t dept/board from making potentially discrim. decisions.
3. protect from conduct/actions that may be discriminating against us.

Question 4

why is constitution important?

Answer 4

trumps all other laws in Canada.

• all other laws conform to Charter.
• difficult to remove rights

Question 5

what does the Charter protect? (9)

Answer 5

1. fundamental freedoms
2. legal rights
3. equality rights
4. democratic rights
5. mobility rights
6. language rights
7. minority language education rights
8. aboriginal rights
9. multicultural rights

Question 6

what section are fundamental freedoms?

• entails?
• wording?

Answer 6

s. 2
- freedom of religion, assembly, association
- everyone: citizen, visitor, resident.

Question 7

where are legal rights found?

- entails?

Answer 7

ss. 7-14

- rights if every charged for criminal offence

Question 8

where are equality rights

- entails?

Answer 8

s15. right to not be discriminated against

Question 9

where are democratic rights?

- entails?

Answer 9

s.3

rights of citizens to vote, elect, run for office

Question 10

where are mobility rights? entails?

Answer 10

s6

right to move freely within country, to live in diff province

Question 11

where are language rights?

entails?

Answer 11

ss.16-22

french + english are 2 official languages and of equal status

Question 12

where are minority language education rights

Answer 12

s23

if speak minority official language you have the right to be educated in that language

Question 13

where are aboriginal rights?

Answer 13

s25

native/indian rights.
land treaties

Question 14

where are multicultural rights

Answer 14

s.27

Question 15

what is the Canadian bill of rights

- year?

Answer 15

1960

• precursor to Charter.
• not entrenched in const. weak

Question 16

4 types of rights described in bill of rights?

Answer 16

1. life, liberty, security of person
2. equality rights ( limited - only 5 grounds)
3. fundamental freedoms (limited compared to Charter
4. legal rights

Question 17

why was bill of rights so weak?

Answer 17

rights in limited areas, narrow scope

not constitutional document

ordinary piece of legislation

no power to use it against legislation that’s unconstitutional.

Question 18

4 improvements in Charter from Bill of rights?

Answer 18

1. entrenched in constitution
2. law found unconstitutional can be struck
3. charter encompasses greater number of rights
4. rights are broader in scope (broader language)

Question 19

what is section 1?

Answer 19

guarantee of rights and freedoms

• exceptions to reasonable limits
• rights not absolute
• balance rights of individual with rights of society = Oakes test

Question 20

what is section 2?

Answer 20

fundamental freedoms (broader than BoR)

• conscience + religion
• thought, belief, opinion, expression, press + other
• peaceful assembly
• association

Question 21

what is section 3?

- who is entitled?

Answer 21

democratic rights

• citizens
• hold office, vote etc.

Question 22

who is entitled to section 2?

Answer 22

everyone: citizen, visitor, resident, corporation

Question 23

what is section 6?

- who’s entitled?

Answer 23

mobility rights

• every citizen has right to enter + leave Canada
• every citizen/perm resident can move btw province + gain livelihood there

Question 24

what do sections 7-14 pertain to?

Answer 24

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

Question 25

what is habeus corpus

Answer 25

“bring forth the body”

- means accused person must be physically present in court room

Question 26

what is section 15?

Answer 26

equality rights

- cannot discriminate based on 9 grounds. sexual orientation is read in as if it were there.

Question 27

what is the right to affirmative action program

Answer 27

give ppl who used to be subject to discrimination preferential treatment in areas that they were discriminated against.

Question 28

what 2 things are in sections 16-23

Answer 28

language + minority education rights

• E+F
• education in minority language (IFF: population numbers warrant it)

Question 29

who is covered by section 7 - legal rights?

Answer 29

everyone - all ppl, no corporations.

Question 30

who is convered by s15 - equality rights

Answer 30

every individual

Question 31

s24 - remedies

Answer 31

• 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

Question 32

section 25?

Answer 32

aboriginal rights

- refer to royal proclamation act.

Question 33

section 27

Answer 33

multicultural heritage

- preserve + enhance multicultural heritage of canadians

Question 34

section 32 - application section

Answer 34

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

Question 35

s33 - notwithstanding clause

Answer 35

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

Question 36

section 52 - strike laws

Answer 36

courts have power to strike laws that violate the charter.

• severence of offending section
• reading in

Question 37

which rights can nowithstanding clasue act on?

Answer 37

fundamental freedoms (s2)
legal rights (7-14)
equality rights (s15)