Law 12 test2 Flashcards
what must occur if Notwithstanding Clause if utilized
It must be reviewed over 5 years
What are the requirements to be able to vote
Be a canadian citizen and be 18 years old
What are mobility rights ?
The right to enter and leave Canada and the right to move between the provinces
What are our Legal Rights Charter Rights ?
Charter sections that protect personal and privacy rights and safe guard procedural rights in the criminal justice system
Under what circumstances can the police search a car without a warrant?
If they see drugs or receiving a tip that this vehicle may have been involved in drug trafficking
what does it mean to be detained
To be kept in custody or temporarily confined
What occurs if a person is not tried within a reasonable time
“Stay of proceeding “ in other
What does “read down “ mean
To rule in court that a law is generally acceptable, but a specific part of the law is invalid and thus removed
When can a restriction on individual rights occur
Doing something against the law
How long can legislation using the Notwithstanding Clause be in place
max 5 years
What is the first question asked in a charter case
Has a charter right or freedom been infringed or violated
what section of the charter protects our personal and privacy rights
section 7
what area of the charter protects us from discrimination
section is “ equality rights “
what is it called when the courts orders a term to be added to a law
read in
what seek if their charter rights have been violated
Remedy
What is it called when a judge puts their personal views into judgment?
Judicial activism
what section of the charter explains our basic freedoms ?
section 2
What does the Freedom of peaceful assembly allow
Right to participate in a public demonstration
A group of people who create a disturbance which creates fear is called ?
unlawful assembly
what section of the charter ensures proper procedures are followed in your justice system
section 11
what is the court order called that stops a trial from proceeding?
stay of proceedings
what group has the responsibility for deciding if a law is constitutional
courts , supreme courts of canada
define : strike down
Law is no longer in effect
what does “infringed” mean
Broken or violated as in an agreement or rights that is infringed
what is it called when the constitution is changed?
constitution amendment
what freedom ensures a person is not forced to act against their beliefs
Freedom of concience and religion
Define : Entrenched
Firmly established and difficult to change or remove
what is freedom of association
Refers to the rights of individuals to join together in groups
what are democratic rights
The right of canadian citizens to vote.
what are the four fundamental freedoms in section 2 of the charter
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
In the section on democratic rights what two guarantees exist in relation to parliament
Federal parliament and provincial legislatives must sit once every 12 months . Election must be held every 5 years
