The Constitution Act 1982 (Including Charter) Flashcards

1
Q

section 25

A

aboriginal rights- “nothing in this charter shall limit/displace aboriginal treaty rights”

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2
Q

section 35

A

existing aboriginal treaty rights “hereby recognized and affirmed” - indigenous claims of land/resources granted by law

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3
Q

section 3

A

right to vote

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4
Q

section 4

A

there’s a 5 year maximum to any parliament

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5
Q

section 5

A

parliament must meet AT LEAST once every 12 months

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6
Q

section 2

A

freedom of association, belief, conscience & religion, opinion/expression, and peaceful assembly

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7
Q

section 52

A

constitution is the supreme law of canada- any other laws that violate it can be struck down as invalid

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8
Q

section 11(d)

A

right to hearing before an independent tribunal

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9
Q

sections 16-22

A

minority language rights- english and french as two official languages of Canada

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10
Q

section 23

A

minority education rights- ex ability to receive a french education outside of Quebec, vie versa

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11
Q

section 8

A

right to privacy

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12
Q

section 15, 27, 28

A

right to equality

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13
Q

section 33

A

notwithstanding clause- any legislation that violates charter sec 2, or 7-15 can be kept for 5 years if passed w/ this clause

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14
Q

sections 1-34

A

the Canadian charter of rights and freedoms (first part of the constitution act, 1982)

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15
Q

section 6

A

mobility rights- Canadian citizens and permanent residents can move to any other province/territory and become a resident

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16
Q

sections 3-5

A

political and democratic rights

17
Q

sections 7-14

A

legal rights

18
Q

section 1

A

all rights in the charter are guaranteed, subject only to “such reasonable limits prescribed by law in a free/democratic society”

19
Q

section 24

A

anyone whose rights/freedoms (as guaranteed in the charter) have been infringed or denied may apply to a court of appropriate jurisdiction to obtain a potential remedy