Unit 2 Exam

Question 1

What is the Canadian Charter of Rights and Freedoms?

Can it be changed?

Answer 1

-A Charter outlining the human rights that are protected under Canadian law under every level of government
-Part of the constitutional Act.
-Cannot be changed by government unless ⅔ of the provencess with 50% of the population agrees (The amending formula)

Question 2

What is the Canadian Bill of Rights?

Answer 2

-A bill that protects human rights under Candian law (no discrimination)
-Can be changed by government
-First law in Canada to protect human rights

it only applied to federal law so a lot of cases werethrown out

Question 3

What is the Universal Declaration of Human Rights?

Answer 3

-Charter Outlining all human rights
-Made by the UN (united Nations) after WWII to prevent attrocity that happened in WWII from happening agien

Ex.
-All human beings are bor fee and equal in dignity and rights
-No one shall be held in slavery or servitude

Question 4

What were 2 major factors that contributed to how Rights Have Developed in Canada?

Answer 4

**2 revolutions
**
American:
-Wanted independence from Great Britain
-Bill of Rights added to the US Constitution
-Declaration of Independentance made
-Gave the idea that the Government needs to change the law if it doesn’t protect it’s citizens

French:
-French soldiers who helped in the American Revolution started getting ideas of independence liberty, and equality for all
-Rebellion against the King and noblemen, ending feudalism
-A National Assembly was set up where members were elected (no more nobility, now democracy)
-Declaration of the Rights of Men and Citizens (basic rights)
-Constitution added

Question 5

What is Section 1 of the Charter?

Answer 5

-The reasonable limmits clause:
-Rights can be limited if justified

Ex. Freedom of speech EXCEPT for hate speech or threats

Question 6

What is Section 33 of the Charter?

Answer 6

-The notwithstanding clause
-Allows government to enact or maintain law that infringe on the rights of the individuals in the Charter
-If done must be renewed every 5 years

Ex. having all signs in French infringes on the right to express yourself in French or English in Canada but Quebec said “fuck you” and did it anyway cuz their Quebec
Purpose is to ensure the courts don’t have too much power

Question 7

What is section 24 of the Charter?

Answer 7

-Evidence obtained from infringing upon rights protected by the charter shall not be used in court
-The purpose is to protect the rights of citizens from police abuse of their power

Ex. if they found your exticy lab in your basement but didn’t have a search warrant, your exitcy lab is safe

Question 8

What are human rights?

Answer 8

-rights applying to everyone that protet people from unfair treatment
P-rotected under the Universal declaration of Human Rights (made by the UN)
N-GOs(non-gover orgs) protect and monitor these rights

Question 9

What is the persons case?

Answer 9

-Before women couldn’t take on political roles cuz they were not considered “persons”
-5 women took this matter to the Supreme Court in 1927
-The Supreme Court said they weren’t persons but was overruled by the British court
-The famous 5 fought for womens rights but not coloured womens rights