Test Flashcards
What must occur if the NotWithStanding Clause is utilized?
It must be reviewed every 5 years
What are the requirements to be able to vote
Canadian citizens and 18 years of age
What are mobility rights
The right to enter and leave Canada and the rights to move between provinces
What are our legal rights
Protects personal and privacy rights and safeguards procedural rights the criminal justice system
Under what circumstances can the police search a car without a warrant ?
Police must have a good reason also must justify the taking of any evidence
What does it meant to be detained
When your liberty is restricted
What occurs if a person is not tried within a reasonable time?
“stay of proceeding in other words the proceeding in the court were staffed
What does read down mean
To rule in court that a law is generally acceptable but a specific part of the law is invalid thus removed
When can a restriction on individual rights occur
Doing something against the law
How long can legislation using notwithstanding Clause be in place
Max 5 years
What is the first question asked in a charter case?
Has a charter right of freedom been in flighted 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 equally rights
What is it called when the courts orders a term to be added to the law
Read in
What can a person seek if their charter rights have been violated
Remedy
What section of the Charter explains our basic freedoms
Section 2
What is it called when a judge puts their personal views into a judgment
Judicial Activism
What does the freedom of Peaceful assembly allow
Right to participate in a public assembly
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 our jsutice system
section 11
Define: strike down
Law is no longer in effect right that is infrigend
What is the court order called that stops a trial from proceeding
stay of proceedings
What does “infringed” mean
Broken or violated as in a agreement or right that is infringed
What group had the responsibility for deciding if a law is continued
courts, supreme, courts of Canada
What is it called when the constitution is changed?
Constitutional amendment and religion
What freedom ensures a person is forced to act against their beliefs
Freedom of conscience
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, Freedom of Peaceful Assembly, Freedom of Association.
In the section of Democratic rights what two guarantees exist in relations to parliament
Federal Parliament and Provincial legislative must sit once every 12 months Election must be held every 5 years
