Law 12 Exam - Unit 2 Flashcards
What is a right
Legal, moral, or social entitlement that citizens can expect, usually from governments
Do freedoms have limitations in Canada?
Yes
Why do freedoms have limitations in Canada?
To protect public safety and the fundamental rights and freedoms of others
What document represented the first attempt to codify rights and freedoms in Canada?
The Canadian Bill of rights
What kind of law was the Canadian Bill of rights?
A federal statute
What were the three limitations to the bill of rights?
- Applied only to matters of federal jurisdiction
- Did not take precedence over any other statute
- Could be amended by majority vote in the house of commons
Finish the sentence: “Having rights and freedoms identified as part of the Constitution ensures that…”
that they are protected
Finish the sentence: “Any law enacted by the federal or provincial governments must be…”
It must be consistent with the terms set out in constitution
Describe the Notwithstanding clause in detail:
The Notwithstanding clause is a clause that allows federal and provincial governments to pass legislation exempt from certain parts of the charter
If you are discriminated against by a private individual, can you rely on the charter as a means of legal retribution?
No
What are interveners?
Third-party politicians in a legal proceeding; also called “friends of the court”
Finish the sentence: “For instance, if a province wishes to pass a law that limits a charter right it must…”
It mut show that this limitaion can be justified ina free and democratic society
Describe four criteria for reasonable limits that constitute the Oakes test:
- Can be shown its important enough to override a constitutionally protected right
- Measure carried out to limit the right mut be reasonable and logically connected to its objective
- The right must be limited as possible
- The more severe the right imitation, the more important the objective must be
What is a case where religious rights can be disregarded?
In cases where it interferes with the “best interests of a child”
Which section of the charter of rights and freedoms protects the right of the press to fulfill its mandate?
Section 2b
What is protected in section 2(c) of the charter?
Freedom of peaceful assembly and association
Why did the court of appeal reverse the prior judgement in the Lavigne case?
Because they believed that the agreement making him pay dues to the union did not fall within the category of compelled association
What rights are protected by section 3 of the charter?
Right for every citizen to vote in an election
What right is guaranteed under section 4 of the charter?
Canadians can vote every 5 year for a new federal and provincial government, except in cases of national emergency
Provide an example of mobility rights being limited
Provinces being able to restrict social services to citizens who have only lived in the province for a certain amount of time
Finish the sentence: “It is important to note, however, that fundamental justice refers not only to the rights of people who have been arrested or accused of crimes but also…”
To the right of society to be protected from criminal activities
Section 8 of the charter states that police must have a good reason for…
Searching the home, belongings, or person of an accused
What doe section 9 of the charter guarentee?
Everyone has the right not to be criminally detained
What rights are guaranteed under section 10 of the charter?
- To be promptly and clearly informed of the reason for arrest or detention
- To be informed without delay that the accused may have a lawyer or free counsel
What could happen if the police were to listen in on the conversation between an accused and their lawyer?
The charges may be dismissed in court
Describe the following charter rights:
11(a)
11(b)
11(c)
- Any accused must be told promptly what the charge is
- Trial
Finish the sentence: “If someone is tried for an offence and not found guilty…”
They cannot be tried on the same charge again
Finish the sentence: “If the person is found guilty and punished for the offence…”
He or she cannot be tried or punished for it again
Section 12 of the charter states that
Governments cannot treat or punish individuals in an unnecessarily harsh fashion
Broadly speaking, what is covered in sections 16-22 of the charter?
The right to speak English or French in Canada
What is the intention of section 25 of the charter?
To protect all Indigenous peoples in Canada
How many laws have been overturned since the charter came into effect?
80 laws have been overturned since
