The Canadian Charter of Rights & Freedoms Flashcards
Where is the Charter located in the Constitution Act 1982?
In the Appendix
The Charter protects certain rights and freedoms from _______________ interference
government
True or False?
All laws must conform to the Charter
True
What 9 things does the Charter protect?
- Fundamental Freedoms
- Legal Rights
- Equality Rights
- Democratic Rights
- Mobility Rights
- Language Rights
- Minority Language Education Rights
- Aboriginal Rights
- Multicultural Rights
Prior to 1982, what bill was a precursor to the Charter that was a weak attempt to protect some basic rights & freedoms
Canadian Bill of Rights (1960)
Why was the Bill of Rights (1960) so weak?
- it was an ordinary piece of legislation that was easy to amend
- no power to strike down legislation as unconstitutional
- narrow rights
- rights only in limited areas
What falls under Section 1 of the Charter?
Guarantee of Rights and Freedoms
S.1 states that: Rights and freedoms are guaranteed but subject to ___________ ___________.
reasonable limits
True or False?
Rights are absolute
False
Individual rights and freedoms are balanced with the rights of society
Section 2 of the Charter covers what?
Fundamental Freedoms
What are the 4 Fundamental Freedoms of the Charter
- religion
- expression
- peaceful assembly
- association
Legal rights in the Charter cover life, __________, and __________ of the person, plus specific legal rights
liberty, security
Which 3 rights can the government “opt-out” of using Section 33?
- Fundamental freedoms
- Legal rights
- Equality rights
What right can NEVER be taken away?
Democratic right (right to vote)
Who is protected in the Charter depends on…
The Charter section
Some sections use different language for who different rights apply to (e.g. “everyone” vs. “every citizen and permanent resident”)
What does Section 32 of the Charter provide information on?
Who we are protected from (application section)
This includes government departments, boards, agencies, AND police, customs and government enforcement officers
True or False?
The Charter protects us from private activity (non-government)
False
Private activity is governed by Provincial Human Rights Legislation and the Law of Torts
Section 24 of the Charter covers what?
Remedies (if rights are violated)
Which 2 sections hold the largest limitations of the Charter and what are these limitations?
Section 1: Charter rights are subject to “reasonable limits”
Section 33: Notwithstanding Clause allows the government to opt-out of certain Charter rights
Why is Section 33 rarely used?
it is a huge political gamble and a party that uses it is likely to be voted out in the next election
According to Section 24 of the Charter if rights are breached the Court can grant a remedy and also…
exclude evidence
Which of the following is NOT one of the protections given under the Charter?
a) rights to not be discriminated against on the basis of age, race or sex
b) the right to own and use property
c) the right for citizens to vote
d) the right not to have your life, liberty or security interfered with
e) the right to move anywhere in Canada
b)
True or False?
Any evidence obtained after a Charter right has been violated is automatically excluded
False
True or False?
Legislation that is inconsistent with the Charter, whether passed by Parliament or by a Legislative Assembly is to the extent of the inconsistency of no force or effect
True
