short answer Flashcards

1
Q

Explain why the 1960 Canadian Bill of Rights introduced and why was it not an effective form of legislation

A

Introduced by Prime Minister John Diefenbaker after world war 2, to combat discrimination against Japanese Canadians. The bill of rights was not an effective form of legislation for 3 reasons:
1. It was a mere statue and was not entrenched in the constitution
2. It was a federal statute and only applied to matters in the federal domain
3. It was inapplicable in many cases due to its narrow scope

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2
Q

Limitations of rights and freedoms can be justified by the government under the Charter so long as these limitations are “demonstrably justified”. Explain what is meant by this.

A

Your rights are qualified rather than absolute. Every case involving a claim that someone’s rights and freedoms have been violated, requires the court to consider the application of section 1 of the charter.

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3
Q

Fully explain the application of Canada’s Charter of Rights and Freedoms.

A
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