The Canadian Charter of Rights & Freedoms

Question 1

Where is the Charter located in the Constitution Act 1982?

Answer 1

In the Appendix

Question 2

The Charter protects certain rights and freedoms from _______________ interference

Answer 2

government

Question 3

True or False?

All laws must conform to the Charter

Answer 3

True

Question 4

What 9 things does the Charter protect?

Answer 4

1. Fundamental Freedoms
2. Legal Rights
3. Equality Rights
4. Democratic Rights
5. Mobility Rights
6. Language Rights
7. Minority Language Education Rights
8. Aboriginal Rights
9. Multicultural Rights

Question 5

Prior to 1982, what bill was a precursor to the Charter that was a weak attempt to protect some basic rights & freedoms

Answer 5

Canadian Bill of Rights (1960)

Question 6

Why was the Bill of Rights (1960) so weak?

Answer 6

• 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

Question 7

What falls under Section 1 of the Charter?

Answer 7

Guarantee of Rights and Freedoms

Question 8

S.1 states that: Rights and freedoms are guaranteed but subject to ___________ ___________.

Answer 8

reasonable limits

Question 9

True or False?

Rights are absolute

Answer 9

False

Individual rights and freedoms are balanced with the rights of society

Question 10

Section 2 of the Charter covers what?

Answer 10

Fundamental Freedoms

Question 11

What are the 4 Fundamental Freedoms of the Charter

Answer 11

1. religion
2. expression
3. peaceful assembly
4. association

Question 12

Legal rights in the Charter cover life, __________, and __________ of the person, plus specific legal rights

Answer 12

liberty, security

Question 13

Which 3 rights can the government “opt-out” of using Section 33?

Answer 13

1. Fundamental freedoms
2. Legal rights
3. Equality rights

Question 14

What right can NEVER be taken away?

Answer 14

Democratic right (right to vote)

Question 15

Who is protected in the Charter depends on…

Answer 15

The Charter section

Some sections use different language for who different rights apply to (e.g. “everyone” vs. “every citizen and permanent resident”)

Question 16

What does Section 32 of the Charter provide information on?

Answer 16

Who we are protected from (application section)

This includes government departments, boards, agencies, AND police, customs and government enforcement officers

Question 17

True or False?

The Charter protects us from private activity (non-government)

Answer 17

False

Private activity is governed by Provincial Human Rights Legislation and the Law of Torts

Question 18

Section 24 of the Charter covers what?

Answer 18

Remedies (if rights are violated)

Question 19

Which 2 sections hold the largest limitations of the Charter and what are these limitations?

Answer 19

Section 1: Charter rights are subject to “reasonable limits”

Section 33: Notwithstanding Clause allows the government to opt-out of certain Charter rights

Question 20

Why is Section 33 rarely used?

Answer 20

it is a huge political gamble and a party that uses it is likely to be voted out in the next election

Question 21

According to Section 24 of the Charter if rights are breached the Court can grant a remedy and also…

Answer 21

exclude evidence

Question 22

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

Answer 22

b)

Question 23

True or False?

Any evidence obtained after a Charter right has been violated is automatically excluded

Answer 23

False

Question 24

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

Answer 24

True