Unit 2 – Legal Rights and Freedoms

Question 1

Where did the CCRF stem from?

Answer 1

• Magna Carta
  
  • Established Rule of Law
  • First step in establishing individual rights
• Bill of Rights
  
  • Parliament became more powerful than monarchy
  • Citizens became more free, given more rights
  • Earlier version of the CCRF

Question 2

How do the CCRF and Bill of Rights compare?

Answer 2

• Both very similar; declared basic rights and freedoms of those in the country, and ensured equality
• CCRF is part of the constitution, Bill of Rights is not.

Question 3

CCRF s. 1 – Reasonable Limits

Answer 3

• Rights and freedoms must have reasonable limits prescribed by law
• In certain cases, charter rights can be limited

Question 4

CCRF s. 2 – Fundamental Freedoms

Answer 4

• Guarantees:
  1. freedom of conscience and religion
  2. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication
  3. freedom of peaceful assembly
  4. freedom of association

Question 5

CCRF s. 3 – Democratic Rights

Answer 5

Every citizen of Canada has the right to vote in an election, and to run for an election

Question 6

CCRF s. 4 – Maximum duration of legislative bodies

Answer 6

Maximum duration of legislative bodies

• Parliment can’t sit for more than 5 past the date they’re supposed to have an election

Continuation in special circumstances

• In wartime, Parliment can sit for more than 5 years IF a vote passes in the house of commons or legislative assemblies by 1/3.

Question 7

CCRF s. 5 – Annual sitting of legislative bodies

Answer 7

• There shall be a sitting of Parliament and of each legislature at least once every twelve months

Question 8

CCRF s. 6 – Mobility Rights

Answer 8

Every citizen & permanent resident of Canada has the right to enter, remain in and leave Canada.

Question 9

CCRF s. 7 – Life, Liberty, and Security of Person

Answer 9

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Question 10

CCRF s. 8 – Search or Seizure

Answer 10

Everyone has the right to be secure against unreasonable search or seizure

Question 11

CCRF s. 9 – Detention or imprisonment

Answer 11

Everyone has the right not to be arbitrarily detained or imprisoned

Question 12

CCRF s. 10 – Arrest or Detention

Answer 12

Everyone has the right on arrest or detention:
1. to be informed promptly of the reasons
2. to retain and instruct counsel without delay and to be informed of that right
3. to have the validity of the detention determined by way of habeas corpus (application to get info about why someone is being detained) and to be released if the detention is not lawful.

Question 13

CCRF s. 11 – Proceedings in criminal and penal matters

Answer 13

S. 11 protects the rights and liberties of accused persons, and ensures that they’re attended to in a reasonable timeframe.

Question 14

CCRF s. 12 – Treatment or Punishment

Answer 14

Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Question 15

CCRF s. 13 – Self-Crimination

Answer 15

A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

Question 16

CCRF s. 14 – Interperter

Answer 16

A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter

Question 17

CCRF s. 15 – Equality Rights

Answer 17

Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Affirmative action programs exempt.

Question 18

CCRF s. 32 – Application of the Charter

Answer 18

The Charter only applies to Parliament and the Government of Canada

Question 19

Discrimination

Answer 19

Treating a person unfairly or unequally because of his or her race, religion, ability, etc

• Cannot be discriminated against under the OHRC

Question 20

Stereotyping

Answer 20

Having an over-simplified, standardized, or fixed judgement or characterization of a group of people

Question 21

Prejudice

Answer 21

A preconceived opinion based on a stereotype or inadequate information

Question 22

What is the OHRC

Answer 22

A code that prohibits actions that discriminate against people based on a protected ground in a protected social area

Question 23

Notwithstanding Clause

Answer 23

• States that if necessary, the gov’t can override certain rights and freedoms
• Ex. French-only signs

Question 24

Human Rights Complaint process

Answer 24

1. File and complaint, which is reviewed by the commission
2. Copy is sent to the respondent for reply if accepted
3. Copy of the reply is sent to you
4. Mediation
5. If mediation is not successful, investigation will take place
6. Report of investigation is sent to both parties
7. If evidence supports your complaint, conciliation/negotiations take place
8. If still not settled, sent to chief commissioner
9. Heard by an adjudicator, human rights tribunal, or board of inquiry