Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Gr. 12 Law > Test #3 Charter > Flashcards

Test #3 Charter Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is section 1? Explain

A

Reasonable Limits clause

Limitations on our rights must be: JRP (Justified, reasonable, prescribed by law)

justified = we can explain why we do it
reasonable = makes sense, just temporary

Prescribed by law = Part of a law, or legal basis for whatever is being referred to

It says that all the rights and freedoms in the Charter are subject to reasonable limits. In simple terms, this means that while Canadians have certain rights and freedoms, these rights can be restricted if there’s a good reason for it, like protecting public safety or the rights of others. So, it’s like saying, “Yes, you have these rights, but they’re not absolute; they can be balanced against other important interests.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is section 2? Explain (AREA)

A

The Fundamental Freedoms (AREA)
1. Assembly
2. Religion
3. Expression
4. Association

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the limits on our fundamental freedoms

A

Assembly: Must be Peaceful

Religion: Cannot break laws/harm others in the name of religion

Expression: Harm others (ex: spread hate, incite violence)

Association: No Crime related, (ex: no gangs)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is section 3-5? Explain

A

Every Canadian citizens democratic rights.

Key takeaway from these is the Right to vote. Must be 18 and a citizen. (Section 3)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is section 6? Explain

A

Mobility Rights

  • right to enter, move or remain in any province
  • right to work in any province
  • Limits that can be placed: Bail, Probation, imprisonment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is section 7-14?

A

Legal Rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is section 7?

A

Life, Liberty, and security of the person.

  • R.v Rodriguez Case

Life: The government cannot take away your life, except in very specific and justified circumstances.

Liberty: You have the right to make important decisions about your own life without unreasonable interference from the government. This includes freedom from being detained or imprisoned without proper legal reasons.

Security of the Person: You have the right to be free from significant physical or psychological harm, especially from actions by the government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is section 8?

A

Search & Seizure

protects individuals from unreasonable search or seizure. This means that law enforcement and other authorities must have reasonable grounds and, usually, a warrant to conduct searches and seize property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is Section 9?

A

Arbitrary Detention

ensures that everyone has the right not to be arbitrarily detained or imprisoned. This protection prevents authorities from detaining individuals without a valid reason.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is Section 10? Also Outline Sub Section 10(b)

A

Section 10 outlines rights that individuals have upon arrest or detention

Section 10(b): The right to retain and instruct counsel (a lawyer) without delay and to be informed of that right.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is section 11? Also outline sub sections 11(b), 11(d)

A

Section 11 provides various rights to individuals charged with an offence

11(b): The right to be tried within a reasonable time.

11(d): The right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is section 12?

A

Section 12 guarantees the right not to be subjected to any cruel and unusual treatment or punishment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is section 13?

A

It states that if you testify in court or another legal hearing, your testimony cannot be used against you in another criminal trial, except if you lie under oath (commit perjury). This protection encourages people to testify truthfully without fear that their words will be used to incriminate them in future criminal cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is section 14?

A

Section 14 guarantees the right to the assistance of an interpreter for parties or witnesses who do not understand or speak the language in which the proceedings are conducted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is section 15?

A

Section 15 ensures EQUALITY before and under the law and equal protection and benefit of the law without discrimination. It specifically prohibits discrimination based on race, national or ethnic origin, color, religion, sex, age, or mental or physical disability.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is section 16-23?

A

These sections address the use of English and French, Canada’s two official languages

Section 16 declares English and French as the official languages of Canada, having equal status and rights and privileges regarding their use in all institutions of the Parliament and government of Canada.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is section 24? Also Outline Sub-Sections: 24(1), 24(2)

A

Section 24 provides remedies for the enforcement of rights and freedoms guaranteed by the Charter.

24(1): Individuals whose rights or freedoms have been infringed or denied may apply to a court of competent jurisdiction to obtain a remedy the court considers appropriate and just in the circumstances.

Or In other words: If your rights have been taken away or denied, you can take this to court and possibly have your case dismissed or the evidence thrown out.

24(2): If evidence was obtained in a manner that infringes or denies any rights or freedoms guaranteed by the Charter, such evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it would bring the administration of justice into disrepute.

Or in other words: The right to have evidence thrown out if it was obtained in a manner that denied any charter right. If including the evidence would lower the reputation of the justice system, it could be excluded.

Basically, the court has the right to exclude any evidence that was obtained wrongfully, if it was used it would make the justice system look bad.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Explain the legal test that takes place with respect to Section 24(2)

A

Legal Test - Evidence that is collected in a manner that denies a charter right, is not automatically excluded. There are a number of questions that are considered:

  1. How serious is the infringement?
  2. How was the accused affected by the state infringing conduct? (Ie: privacy, dignity, and self-incrimination)
  3. Does society have an interest in prosecuting the crime? (Ie: balance)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is section 33?

A

Section 33 of the Canadian Charter of Rights and Freedoms, often referred to as the “Notwithstanding Clause,” allows federal, provincial, or territorial governments to pass laws that may operate in spite of certain Charter rights and freedoms.
Allows the provincial governments to opt out of following the charter

Pass laws that are contrary to our rights and freedoms

Courts strike down laws, and the governments can put it back (override)

Ex: Cashier (override function)

Ford v Quebec (French Signs, argued freedom of expression, section 33 was used)

Section 33 can only be used for section 2, and 7-14.

20
Q

What is the purpose of the charter challenge and its steps?

A

The steps are used to decide if a law that is in place is violating an individual’s rights and if the infringement can be justified under SEC 1 or if it is unreasonable

21
Q

What is Step 1A?

A

Is this a government action (is there a law in place?)

IF YES: It is a charter case

IF NO: It is NOT a charter case

22
Q

What is Step 1B?

A

Did the government use section 33?

IF YES: Stop here, nothing you can do to remedy the infringement, government has used sec 33 to pass the law anyway

IF NO: Continue on to next step

23
Q

What is Step 2A?

A

Which right was violated?

look at the charter and list the right, and section number that has been violated

ex: Section 2(a) - Freedom of religion

24
Q

What is step 2B?

A

Who is the right holder?

IE: Section 2(a) says that ‘Everyone” has the freedom of religion, therefore the person claiming the infringement is obviously part of “everyone”

What does the section say: “everyone, every person” “every individual”

25
Q

What is step 2C?

A

Has the right been infringed?

If it is YES, continue to step 3

26
Q

What is step 3A?

A

Establish reasonable limits (section 1 legal test)

  1. is the purpose of the law important?
  2. Is there a clear and important objective for the law that justifies overriding the charter? is the objective not trivial
  3. Does the legislation impair the right as little as possible?
27
Q

What is Step 4A?

A

Decide on enforcement (section 52 the constitution act)

  1. read down the legislation (clarify the interpretation on the key concepts in the legislation that may be overly broad)
  2. Strike down the legislation
28
Q

What does Accord mean?

A

Agreement

29
Q

Where did the meeting for the Meech lake accord take place?

A

Meech Lake Quebec

30
Q

What was the purpose of the Meech lake accord?

A

The purpose was to get Quebec to agree/sign the constitution, along with giving provincial government more power, recognizing Quebec as a “distinct society”,

31
Q

Why was the Meech lake accord not passed originally

A

The Meech Lake Accord did not pass because it failed to get unanimous approval from all the provinces within the required three-year period. Here are the main reasons for its failure:

  1. Lack of Consensus: Not all provinces agreed with the changes. Some felt it gave too much power to Quebec and not enough to other provinces.
  2. Indigenous Opposition: Indigenous groups were not consulted during the negotiations and opposed the accord because it didn’t address their concerns.
  3. Public and Political Opposition: There was significant public debate and political disagreements, leading to some provinces withdrawing their support.
32
Q

Meech Lake was not ratified because of what 2 provinces not giving support?

A
  1. Newfoundland
  2. Manitoba
33
Q

Meech lake had to be ratified by all provinces within what time frame?

A

3 years

34
Q

What were the criticisms of meech lake accord

A

pierre trudeau thought that any type of special recognition of quebec as a “distinct society” as being not needed and dangerous

35
Q

Explain the Amending Formula

A

A method for making changes to a constitution. in Canada’s case a method that would no longer involve the british parliament

36
Q

Explain Entrenchment

A

protecting a portion of a constitution by ensuring that it can be changed only through constitutional amendment

37
Q

Explain Sovereignty-Association

A

Sovereignty-association is a political concept proposed mainly by Quebec nationalists, which suggests that Quebec should become a sovereign state but maintain a formal association with the rest of Canada. Here’s a simple explanation:

Sovereignty: Quebec would gain independence and have full control over its laws, taxes, and policies, functioning as an independent country.

Association: Despite its independence, Quebec would still maintain economic and political ties with Canada. This could include shared currency, free trade agreements, and cooperative policies on issues like defense and foreign affairs.

38
Q

what is the 7/50 rule?

A

the federal government and at least seven of the ten provinces must agree, and these provinces must represent at least 50% of Canada’s population.

2/3 of province and

39
Q

Explain patriation of the constitution

A

Patriation of the Constitution refers to the process of bringing the Canadian Constitution under full Canadian control, removing the need for British approval for any changes.

patriation in 1982: In 1982, Canada brought the Constitution home from Britain, meaning it could now be amended entirely within Canada without needing British involvement. This process was called “patriation.”

Constitution Act, 1982: Along with patriation, Canada introduced the Constitution Act, 1982, which included:
The Charter of Rights and Freedoms: A bill of rights guaranteeing fundamental freedoms and rights to all Canadians.

An amending formula: Rules for how future changes to the Constitution can be made.

40
Q

What is the british north america act

A

Canada’s Constitution was originally a British law called the British North America Act (BNA Act) of 1867. Any changes to the Constitution had to be approved by the British Parliament.

Fathers of conferderation adopted a federal of government - giving the federal government control over important issues of national concern

41
Q

Explain the statute of westminster, 1931

A

In 1926 a report by a committee at the imperial conference declared that Canada and the other british empire dominions including: Australia, New Zealand, South Africa would no longer be dutiful to Britain.

End of British Control: The statute allowed Canada and other dominions to make their own laws without needing approval from the British Parliament.

Legislative Independence: It marked the beginning of legislative independence for Canada, meaning Canada could pass and change its own laws without British interference.

42
Q

What is the Charlottetown Accord?

A

The charlottetown accord was similar to the Meech Lake Accord, it dealt with a number of constitutional issues including the division of powers in such areas as: forestry, mining, and cultural affairs.

43
Q

What is the purpose of the charlottetown accord?

A

In general, the charlottetown accord enhanced provincial power so that for example the federal power of disallowance was abolished. This time aboriginal concerns were addressed. The new accord would also make changes to the supreme court by formally entrenching the composition and appointment process. The senate would be changed from an appointed body to an elected body.

in other words

Recognize Quebec: Like the Meech Lake Accord, it aimed to recognize Quebec as a distinct society within Canada.
I
ndigenous Rights: It included provisions to recognize and protect the rights of Indigenous peoples.

Senate Reform: The accord proposed changes to make the Canadian Senate more representative of the provinces.

Federal-Provincial Powers: It sought to clarify and balance the powers between the federal government and the provinces.

44
Q

Name all the steps in order in the charter challenge

A

STEP 1A: Is this a charter case? Is there a law in place?

STEP 1B: Did the government use section 33?

STEP 2A: Which right was violated?

STEP 2B: Who’s the right holder

STEP 2C: Has the right been infringed

STEP 3A: Establish Limits

STEP 3B: Objective of the law

STEB 3C: Does the law take away as little rights as possible or is it to harsh?

STEP 4: Remedy, Decide on enforcement

45
Q

What sections are considered the Fundamental Freedoms

A

Section 3-5

46
Q

What sections are language rights?

A

16-23

47
Q

What section is reasonable limits

A

Section 1

Gr. 12 Law (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions