Rights and Freedoms - Unit 2 Flashcards
What section(s) of the Charter regard Fundamental Freedoms?
Section 2 (s. 2)
What section(s) of the Charter regard Democratic Rights?
Sections 3, 4, and 5 (ss. 3-5)
What section(s) of the Charter regard Mobility Rights?
Section 6 (s. 6)
What section(s) of the Charter regard Legal Rights?
Sections 7, 8, 9, 10, 11, 12, 13, and 14 (ss. 7-14)
What section(s) of the Charter regard Equality Rights?
Section 15 (s. 15)
What section(s) of the Charter regard Official Languages Rights?
Sections 16, 17, 18, 19, 20, 21, and 22 (ss. 16-22)
What section(s) of the Charter regard Minority Language Education Rights?
Section 23 (s. 23)
What is the blueprint for human rights laws made by the United Nations?
The Universal Declaration of Human Rights (UDHR), 1948
Is the UDHR legally binding on all nations?
No, it is simply a blueprint for human rights laws
What is a freedom?
An action considered so fundamental it should very rarely be limited/denied
What is a right?
Something granted by legislation
When was the Canadian Bill of Rights passed and under who?
The Canadian Bill of Rights was passed in 1960 under prime minister Diefenbaker
What did the Canadian Bill of Rights achieve?
The Canadian Bill of Rights codified many rights ans freedoms already recognized in common law
What are two important weaknesses of the Canadian Bill of Rights?
- It is a federal statute, therefore it only applies to federal jurisdiction
- It is a statute law, therefore it can repealed or amended by the federal government at any time
Where can the Charter of Rights and Freedoms be found?
The Charter of Rights and Freedoms is entrenched into the Constitution Act, 1982
What is a benefit of the Charter being entrenched in the Constitution?
It is difficult to change the Charter and it applies to all levels of government
What matters must abide by the constitution and the Charter?
Hint: What sections are there that state what applies to the Charter?
All federal [s. 32(1)(a)] and provincial [s. 32(1)(b)] laws/matters
What does the Charter of Rights and Freedoms govern?
The Charter of Rights and Freedoms governs the relationship between the state (the federal/provincial governments) and an individual/organization
Does the Charter of Rights and Freedoms apply to private relationships?
No, because neither the federal nor provincial governments are involved, so the Charter does not apply
What is section 33 (s. 33)?
The “notwithstanding” clause, allowing federal/provincial government to enact legislation that infringes on the Charter of Rights and Freedoms
How can the federal/provincial government infringe on the Charter of Rights and Freedoms? How does it work?
The federal/provincial government must expressly state in the legislation that they are invoking section 33, and it can only stay in effect for 5 years (the “sunset” clause), which ensures a new government is voted in
Under section 1, it contains a reasonable limits clause. What does this guarantee?
This guarantees your rights and freedoms which is subject to “reasonable limits”. Your rights and freedoms can be limited in certain situations where it is seen reasonable to be done.
What does the “notwithstanding” clause apply to?
The clause applies only the the fundamental freedoms (section 2), legal rights (section 7-14), and equality rights (section 15) aspects of the Charter.
Section 2 (s. 2) of the Charter of Rights and Freedoms grants Fundamental Freedoms. What are these freedoms?
Section 2 of the Charter lists the basic freedoms of all people in Canada. These are called the fundamental freedoms;
1. Freedom of conscience and religion.
2. Freedom of though, belief, opinion, and expression
3. Freedom of peaceful assembly
4. Freedom of association.
These freedoms are not absolute and can be subject to reasonable limits.
