The Canadian Charter of Rights and Freedom Flashcards
1
Q
Section 1
A
- The rights in the Charter are guaranteed “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”
- So although you are guaranteed these rights, they have limits. “Here are your rights to a certain extent.”
- For example, although you have freedom of speech, you can’t spew hate speech.
- Any limits imposed on rights and freedoms by s.1 must meet two basic tests: (1) the limit must be important, and (2) the limit just be reasonable and justified for the benefit of society as a whole.
2
Q
Section 2 a)
A
- The Freedom of Conscience and Religion, meaning you can entertain the religious beliefs that you want, and declare them openly through practice, worship, teaching, and dissemination. You can not be forced to act in any way that goes against your beliefs or conscience.
- For example, you have a right to declare your religious beliefs openly through religious clothing.
- Limit - You can’t force your beliefs on someone else, if you’re religion involves animal sacrifice, etc there’s a limit to that
3
Q
Section 2 b)
A
- The Freedom of Thought and Expression, meaning you are free to think and believe what you want and publicly express your opinions through writing, speech, painting, photography, and other methods. Includes freedom of the press and media because they communicate issues to the public.
- For example, you have a right to publicly express your own thoughts and create pieces of writing that explore those ideas without restraint on what you can or cannot write.
- Limit - If it incites violence if it incites hate, etc
4
Q
Section 2 c)
A
- The Freedom of Peaceful Assembly, meaning people are allowed to assemble and march against a government or for a cause as long as the assembly is peaceful and not considered a riot.
- For example, you have a right to participate in a protest that supports abortion rights as long as it is peaceful.
5
Q
Section 2 d)
A
- The Freedom of Association, means people are allowed to connect with other people or groups such as unions, political parties, cultural groups, educational organizations, or sports clubs.
- For example, you have a right to meet with your basketball team and connect with them.
- Limit - As soon as your rights get put into action, your rights can be overturned
6
Q
Section 3
A
- The Right to Vote in an election and run for office, meaning if you are of the proper age, mental capacity, residence, and registration you can vote in an election. It is also the right for a government to be booted out after a certain number of years.
- For example, if you are over 18, are mentally stable, live in Canada, and register to vote, you have the right to vote.
- Limits - You have to be 18 to vote, and you can only be in office for so long before there’s a re-election, etc
7
Q
Section 6
A
- The Right to Mobility means that Canadian citizens can move in and out of the country and between provinces.
- For example, if you’d like to go on a vacation to the Bahamas, you have the right to do so. If you are offered a new job somewhere etc, can’t afford you’re current location
- Limits - The other country has to want you there. The states don’t accept people with a certain criminal record
8
Q
Section 7
A
- The Right to Life, Liberty, and Security of the Person, meaning that as a human being your personal autonomy and bodily integrity are protected from laws.
- Security - Can mean job security
- For example, you cannot receive surgery because of the law.
9
Q
Section 8
A
- The Right to No Unreasonable Search and Seizure means that police must have good reasoning before searching a person, home, or the belongings of the accused.
- They have to give reasonable grounds to search you.
- For example, if the police want to search you for theft, they must have good reasoning for believing you stole.
10
Q
Section 9
A
- The Right to Not be Arbitrarily Detained or Imprisoned, means that people cannot be held for questioning, arrested, or kept in jail by police without good reason.
- For example, a random person cannot just be kept in jail the police have to agree and have reasons for believing that the accused is a threat to society.
11
Q
Section 10
A
- Rights While Under Arrest or Detention, meaning that firstly, the arrested have a right to be properly informed of the reason for the arrest. Secondly, the arrested have the right to be informed that they have the right to receive the help of a lawyer. This means that while you’re being arrested, you need to be told why you’re being arrested and reminded that you have the right to a lawyer’s assistance.
- For example, if a man was being arrested for impaired driving, he must be told the reason for his arrest and reminded of his right to a lawyer even though his current state may prohibit him from understanding.
12
Q
Section 11
A
- Rights When Charged with a Criminal Offence, meaning that 1.firstly, the accused must be told what the crime is,
2.secondly, the trial must happen within a reasonable time,
3.thirdly, that the accused cannot be forced to testify at their own trial,
4.fourthly, the accused are assumed innocent until proven guilty in a fair and unbiased trial,
5.fiftly, the accused have the right to reasonable bail,
6.sixthly, the right to trial by jury
7. and lastly the court can only convict the accused under the law they were charged. - For example, if someone was originally charged with theft they cannot be convicted of assault in court.
13
Q
Section 12
A
- Right to No cruel and unusual treatment or punishment, meaning that everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
- Ie. A centenary that does not guarantee prisoners the right to not experience cruel and unusual treatment or punishment.
14
Q
Section 15
A
- Equality Rights, meaning that every individual is equal and governments cannot discriminate in their laws or programs.
- So, everyone is equal before and under the law, every citizen has the right to equal protection and benefit from the law, and the rights are to be applied equally and without discrimination.
- Also, programs set up by governments to improve conditions for certain minority groups are okay even if they are seen as discriminatory to the majority.
- Colour, religion, sex, age - and sexual orientation may not be written down but it is covered under the “spirit of the law” It is a custom
- For example, laws that protect handicapped spots are acceptable because they improve the lives of minorities.
15
Q
Section 33 (Notwithstanding Clause)
A
- Override sec. 2, 7-15. This means that if the provinces want to pass a law that goes against sec. 7-15, they can.
- For example, even though Quebec’s law that prohibits people who work in the government from wearing religious clothing goes against section 2, it can still be passed. (Bill 21)
