Law 12 test2 Flashcards

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1
Q

what must occur if Notwithstanding Clause if utilized

A

It must be reviewed over 5 years

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2
Q

What are the requirements to be able to vote

A

Be a canadian citizen and be 18 years old

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3
Q

What are mobility rights ?

A

The right to enter and leave Canada and the right to move between the provinces

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4
Q

What are our Legal Rights Charter Rights ?

A

Charter sections that protect personal and privacy rights and safe guard procedural rights in the criminal justice system

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5
Q

Under what circumstances can the police search a car without a warrant?

A

If they see drugs or receiving a tip that this vehicle may have been involved in drug trafficking

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6
Q

what does it mean to be detained

A

To be kept in custody or temporarily confined

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7
Q

What occurs if a person is not tried within a reasonable time

A

“Stay of proceeding “ in other

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8
Q

What does “read down “ mean

A

To rule in court that a law is generally acceptable, but a specific part of the law is invalid and thus removed

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9
Q

When can a restriction on individual rights occur

A

Doing something against the law

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10
Q

How long can legislation using the Notwithstanding Clause be in place

A

max 5 years

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11
Q

What is the first question asked in a charter case

A

Has a charter right or freedom been infringed or violated

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12
Q

what section of the charter protects our personal and privacy rights

A

section 7

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13
Q

what area of the charter protects us from discrimination

A

section is “ equality rights “

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14
Q

what is it called when the courts orders a term to be added to a law

A

read in

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15
Q

what seek if their charter rights have been violated

A

Remedy

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16
Q

What is it called when a judge puts their personal views into judgment?

A

Judicial activism

17
Q

what section of the charter explains our basic freedoms ?

A

section 2

18
Q

What does the Freedom of peaceful assembly allow

A

Right to participate in a public demonstration

19
Q

A group of people who create a disturbance which creates fear is called ?

A

unlawful assembly

20
Q

what section of the charter ensures proper procedures are followed in your justice system

A

section 11

21
Q

what is the court order called that stops a trial from proceeding?

A

stay of proceedings

22
Q

what group has the responsibility for deciding if a law is constitutional

A

courts , supreme courts of canada

23
Q

define : strike down

A

Law is no longer in effect

24
Q

what does “infringed” mean

A

Broken or violated as in an agreement or rights that is infringed

25
Q

what is it called when the constitution is changed?

A

constitution amendment

26
Q

what freedom ensures a person is not forced to act against their beliefs

A

Freedom of concience and religion

27
Q

Define : Entrenched

A

Firmly established and difficult to change or remove

28
Q

what is freedom of association

A

Refers to the rights of individuals to join together in groups

29
Q

what are democratic rights

A

The right of canadian citizens to vote.

30
Q

what are the four fundamental freedoms in section 2 of the charter

A

Freedom of conscience and religion, Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication , Freedom of peaceful assembly, Freedom of association

31
Q

In the section on democratic rights what two guarantees exist in relation to parliament

A

Federal parliament and provincial legislatives must sit once every 12 months . Election must be held every 5 years