Quiz Part 2

Question 1

What was the purpose of creating the Charter of Rights and Freedoms?

Answer 1

To create a “Just” Society where our rights and responsibilities would not be easily violated or infringed upon. Wanted to entrench our rights (Make it harder for the government to violate our rights)

Question 2

Why wasn’t the 1960 Canadian Bill of Rights or traditions found in British Common law traditions enough of a guarantor of protection of Canadian civil and Legal Rights?

Answer 2

The 1960 Canadian Bill of Rights and British common law weren’t enough to fully protect Canadians’ rights since it wasn’t a part of the constitution meaning that it was a regular law that could easily be ignored since it was less powerful.

Question 3

How did the Supremacy of Parliament Change after 1982 from the Canadian Parliament to the Supreme Court of Canada?

Answer 3

Before 1982, Parliament had the most power in Canada and could make or change laws without much interference. After 1982, with the Charter of Rights and Freedoms, power shifted to the Supreme Court of Canada. The Court gained the ability to review laws and cancel them if they violated people’s rights under the Charter. This process is called judicial review.

Question 4

What can the Supreme Court of Canada do to laws that are found in their judgment to infringe upon one of our legal rights? give examples

Answer 4

When the Supreme Court of Canada finds a law that violates the Charter of Rights and Freedoms, they can get rid of the law, they can change the law, or they can keep it as long as they are able to justify the violation.
Examples: In R. v. Morgentaler (1988), the Court struck down the abortion law because it violated women’s right to security of the person
Examples: In R. v. Oakes (1986), the Supreme Court established the Oakes Test, which helps determine if an infringement on rights can be justified.

Question 5

When was the Charter enacted?

Answer 5

April 17, 1982

Question 6

Who was the Prime Minister responsible for the Charter?

Answer 6

Pierre Trudeau

Question 7

What area does the Charter apply to?

Answer 7

It applies to all government levels and their actions. It doesn’t apply to private actions or private acts of discrimination

Question 8

Why did this Prime Minister want to create a” just society”?

Answer 8

For Trudeau, creating a just society was about building a nation where diversity was celebrated, individual freedoms were protected, and social justice was a priority. He wanted Canada to be a model of fairness, tolerance, and equality, both for its citizens and the world.

Question 9

How did “entrenching our Rights and Freedoms “ within the Charter make it more difficult for the Federal government to potentially take advantage of our civil and legal rights?

Answer 9

Entrenching rights within the Charter ensures that civil and legal rights are protected by the highest law in Canada—the Constitution. This makes it difficult for the federal government to pass laws that infringe on these rights because:

Courts can strike down unconstitutional laws.
The government must justify any limits on rights.
Changing the Charter is a complex process. These safeguards ensure that governments cannot easily take advantage of citizens’ rights.

Question 10

How do Federal and provincial legislatures use Section 1 ( Reasonable Limits Clause ) of the Charter to “reasonably limit” our civil and legal rights?

Answer 10

Section 1 allows federal and provincial governments to reasonably limit rights in situations where doing so serves an important public purpose. These limits must pass the Oakes Test to ensure they serve an important purpose, are reasonable, and the courts agree that it’s justified. Courts closely monitor these limits to ensure they are reasonable and fair.

Question 11

What must they prove before the courts in order for it to be justifiable?

Answer 11

It is “Justifiable within a free and democratic society “

Question 12

What is the legal precedent that was set by the Oakes Test?

Answer 12

David Oakes was charged with possession and trafficking narcotics. His lawyer argued that his right to Innocent until proven guilty had been violated because the burden of proof is on the crown and they didn’t have enough evidence to make him be proven guilty so they struck down the law. The Oakes Test ensures that any law limiting rights is carefully examined to protect individuals while considering the needs of society.

Question 13

Why doesn’t the charter apply to private interactions of discrimination between private individuals?

Answer 13

This is because the charter is mainly meant for the protection of citizens against government actions and not the actions of other civilians.

Question 14

Explain the Fundamental Freedoms protected under Section 2 of the Charter.

Answer 14

We are allowed to practice these fundamental freedoms as long as they are within the law.
1. Freedom of Conscience and Religion
This protects the right to follow, practice, and express your beliefs or religious faith, or to have no religion at all.
2. Freedom of Thought, Belief, Opinion, and Expression
This includes the freedom to hold and express any thoughts, beliefs, or opinions without fear of government censorship or punishment, whether through speech, writing, art, or media.
3. Freedom of Peaceful Assembly
This guarantees the right to gather in groups for peaceful purposes, such as protests or public meetings, without interference from the government.
4. Freedom of Association
This ensures individuals can form and join groups or organizations, such as unions, political parties, or social clubs, to pursue common goals.

Question 15

Section 3 - 5 Deals with what type of Rights in Canada?

Answer 15

Democratic Rights

Question 16

What are two requirements to vote in a federal election and why are prisoners allowed to vote?

Answer 16

You must be 18 years old and be a Canadian Citizen, Prisoners are allowed to vote because of the Sauve Case Ruling (Sauvé v. Canada) where it was found that the law that banned prisoners from voting was unjustifiable and was struck down.

Question 17

Section 6 Deals with what type of Rights in Canada?

Answer 17

Mobility Rights

Question 18

What types of circumstances could lead us to lose our mobility rights within Canada and when trying to leave the country?

Answer 18

Public health concerns, visa requirements, criminal history, immigration violations, national security issues, inadequate documentation, and failure to meet specific entry requirements, can prevent someone from entering the United States.

Question 19

What is Extradition?

Answer 19

Extradition is the formal process by which one country or jurisdiction delivers a person to another country or jurisdiction to face criminal charges or serve a sentence. This process typically occurs when a person accused or convicted of a crime flees to a different country to avoid prosecution or punishment.

Question 20

How are our legal rights to a fair trial and unusual and cruel punishment as Canadians protected if we are being legally pursued by an American or another foreign country?

Answer 20

Canadians facing legal action from foreign countries are protected by a combination of domestic laws (like the Charter), international treaties, and legal representation. These mechanisms ensure that their rights to a fair trial and protection from cruel and unusual punishment are upheld, regardless of the jurisdiction pursuing them.

Question 21

How does extradition relate to the Sebastian Burns /Atif Rafay case in Bellevue, Washington (Canadians who fled back to BC wanted for murder)?

Answer 21

Burns and Rafay were extradited to the U.S. without the risk of facing the death penalty, in line with Canada’s commitment to protecting individuals from capital punishment.

Question 22

When a person is seeking a legal remedy to determine if one of their civil or legal rights has been infringed upon or violated. What conditions must be determined if it is a Charter issue?

Answer 22

To determine if there’s a Charter issue, one must identify a Charter right, ensure there’s government action involved, demonstrate an infringement of that right, consider if the infringement is justifiable, and possibly exhaust other legal remedies first.

Question 23

What is the role of the Supreme Court of Canada in the balancing of our civil and legal rights?

Answer 23

The Supreme Court of Canada balances civil and legal rights by interpreting the Charter, reviewing laws for compliance, applying tests to assess the justification for rights infringements, balancing competing rights, setting legal precedents, influencing public policy, and safeguarding minority rights.

Question 24

What is the Proportionality test that leads to trying to balance our legal rights and freedoms?

Answer 24

There should be a balance between the benefits of the law and the harm caused to the individual’s rights. This means that the positive impacts of the law (e.g., enhancing public safety) should outweigh the negative effects on individual rights (e.g., limiting freedom of expression).

Question 25

Section 24 Rights?

Answer 25

Section 24 of the Canadian Charter of Rights and Freedoms allows people to seek help if their rights have been violated. Here’s a simplified breakdown: Right to Seek Help: If someone’s rights under the Charter are violated, they can go to court to ask for a solution or remedy. Court's Role: The court decides what is fair and appropriate to fix the issue, which could include compensating the person or changing how the law is applied. Declaring a Law Invalid: If a law is found to violate the Charter, the court can declare it invalid, meaning it doesn’t meet the Charter’s standards. However, the law might still be in effect until Parliament changes it.

Question 26

The administration of justice is put into disrepute?

Answer 26

When the administration of justice is said to be brought into disrepute, it means that the credibility, fairness, and integrity of the legal system are at risk. The Supreme Court of Canada will usually side with the accused person if their Legal rights were violated in a court proceeding.

Question 27

R v. Oakes?

Answer 27

In R v. Oakes, the Supreme Court ruled that a law presuming someone guilty of drug trafficking based on possession alone violated the Charter's right to be presumed innocent (burden of proof is on the crown). This case led to the creation of the Oakes Test, which is used to decide if a law’s limit on Charter rights is justified.

Question 28

R v. Big M Drug Mart?

Answer 28

In R v. Big M Drug Mart, the Supreme Court struck down a law that forced businesses to close on Sundays, ruling it unconstitutional because it imposed Christian religious practices on everyone, violating the freedom of religion guaranteed by the Charter.

Question 29

R v. Mann?

Answer 29

In R v. Mann, the Supreme Court ruled that police can stop and search someone if they reasonably suspect involvement in a crime, but the search must be limited to checking for weapons for safety. In this case, the search for drugs violated Mann’s right against unreasonable search and seizure, so the evidence was thrown out.

Question 30

R v. Stinchcombe?

Answer 30

In R v. Stinchcombe, the Supreme Court ruled that the prosecution must disclose all relevant evidence to the defense, whether it helps or hurts their case. This ensures that the accused has a fair trial and can properly defend themselves. The case established that withholding evidence can violate an accused person’s rights.

Question 31

Dagenais v. CBC?

Answer 31

In Dagenais v. CBC, the Supreme Court ruled that a publication ban preventing CBC from airing a TV show was unconstitutional. The case established the Dagenais Test, which balances freedom of expression with the right to a fair trial, ensuring that publication bans are only used when absolutely necessary.

Question 32

Irwin Toy Ltd. v. Attorney General of Quebec?

Answer 32

In Irwin Toy Ltd. v. Attorney General of Quebec, the Supreme Court ruled that Quebec’s law banning advertising aimed at children did violate freedom of expression but was justified because it protected children, who are more vulnerable to commercial influences. The case established that commercial speech is protected under the Charter but can be limited for important social objectives, like protecting children.

Question 33

Regina vs Keegstra?

Answer 33

The Keegstra case is significant because it established that Canada's hate speech laws could override certain expressions of free speech if they promote hatred against identifiable groups. It clarified the balance between individual rights and societal protection, setting a precedent that hate speech is not protected under Canada's broad interpretation of free speech.

Question 34

Section 3 to 5 Rights?

Answer 34

Section 3: Right to Vote and Run for Office Explanation: Section 3 guarantees every Canadian citizen over 18 the right to vote in federal and provincial elections and the right to run for public office. Section 4: Maximum Duration of Legislative Bodies Explanation: Section 4 limits the duration of federal and provincial legislatures to five years. This means general elections must be held at least every five years to ensure regular democratic renewal. Section 5: Annual Sitting of Legislative Bodies Explanation: Section 5 requires that Parliament and provincial legislatures must meet at least once every 12 months. This ensures that elected representatives are regularly accountable and that the government remains functional.

Question 35

Section 6 Rights?

Answer 35

1. Right to Move Within Canada Explanation: Section 6(1) ensures that every Canadian citizen has the right to move and reside in any province or territory in Canada. This means citizens can choose where to live and work without restrictions based on their province of origin. 2. Right to Leave and Return to Canada Explanation: Section 6(2) gives Canadian citizens the right to leave Canada and return at any time. This right ensures that citizens can travel abroad and return to their home country freely. 3. Limitations on Mobility Rights Explanation: While Section 6 protects mobility rights, it allows for certain reasonable restrictions. The government can impose limits for reasons such as public safety, health, or other legitimate objectives, but these limitations must be justified.

Question 36

Section 7 Rights?

Answer 36

Section 7 of the Canadian Charter of Rights and Freedoms protects three main rights: Right to Life: Everyone has the right to live, and the government cannot take this away without a good reason. Right to Liberty: This means you have the freedom to make important personal decisions, like about your body or how you live your life, without being unfairly restricted by the government. Right to Security of the Person: You have the right to be safe, both physically and mentally, and to be free from serious harm or threats by the government.

Question 37

Section 8 Rights?

Answer 37

Section 8 of the Canadian Charter of Rights and Freedoms says that you have the right to be protected from unreasonable searches or seizures by the police or government. Unreasonable Search: The police can’t search you, your home, or your belongings without a good reason, usually requiring a warrant or evidence. Unreasonable Seizure: The police can’t take your property (like your car or money) without a legal reason.

Question 38

Section 9 Rights?

Answer 38

Section 9 of the Canadian Charter of Rights and Freedoms protects you from being arbitrarily detained or imprisoned. Here's a simplified explanation: The police or government cannot detain (hold you in custody) or imprison you without a good reason. They need legal grounds, like reasonable suspicion, to stop or hold you.

Question 39

Section 10 Rights?

Answer 39

Section 10 of the Canadian Charter of Rights and Freedoms outlines your rights when you are arrested or detained. Here’s a simplified explanation: Right to be Informed: If you are arrested or detained, you have the right to be told why you are being held. This means the police must explain the reason for your arrest. Right to Counsel: You have the right to talk to a lawyer as soon as possible. This means you can get legal advice and help if you need it.

Question 40

Section 11 Rights?

Answer 40

Section 11 of the Canadian Charter of Rights and Freedoms outlines your rights if you are charged with a crime. Here’s a simplified explanation: Right to be Informed: You have the right to be informed of the specific charges against you promptly. Right to a Fair Trial: You are entitled to a fair and public trial within a reasonable time. Right to be Presumed Innocent: You are considered innocent until proven guilty. Right not to be Compelled to Testify: You cannot be forced to testify against yourself. Right to a Jury Trial: For serious offenses, you have the right to be tried by a jury. Protection from Double Jeopardy: You cannot be tried twice for the same offense.