Unit 2 - Rights & Freedoms pt. 1

Question 1

Rights

Answer 1

A legal, moral, or social claim that ppk are entitled to, primarily from their gov.

Question 2

Freedoms

Answer 2

A right to conduct one’s affairs w/out gov interference.

Question 3

Responsibility

Answer 3

Smth which must be performed as obligation or duty.

Question 4

Privilege

Answer 4

A benefit from a particular position which can be removed, charged, or increased (ex. holiday).

Question 5

CHARTER

Answer 5

• Effectively replaced the Bill of Rights
• Describes important rights & freedoms that belong to all Cnds
  
  • Rights cannot be taken away by anyone (not
    even fed + prov gov)
• Purpose: To protect the rights of individuals from abuse, particularly from the gov

Question 6

Before Charter was Enacted

Answer 6

• Little could be done about unfair laws
• Little to no protection of minority rights or fundamental freedoms

Question 7

After Charter was Enacted

Answer 7

• Clearer recognition of human rights & freedoms
• Brought changes to laws that discriminate against ppl
• Courts can strike down laws that violate the Charter

Question 8

Criteria of a REASONABLE LIMIT

Answer 8

1. Must be important enough to justify overriding
   a constitutionally protected right
2. Must be reasonably + logically connected to
   the objective for which it was enacted
3. The right must be limited as little as possible
4. The more severe the limitation, the more
   important the objective must be

Question 9

Freedom of CONSCIENCE & RELIGION

Answer 9

• One can choose or not choose to have religious beliefs
• Cnd govs cannot penalize or hinder any of these rights through legislation or policy
  - Any legislation created that has a trivial or insubstancial effect on a person/group’s freedom of religion IS NOT CONSIDERED A VIOLATION OF THIS RIGHT

Question 10

Freedom of THOUGHT, BELIEF, OPINION, & EXPRESSION

Answer 10

Applies to any form of expression: speech, writing, art, film, dance, etc.

Question 11

LIMITATIONS on Freedom of Thought, Belief, Opinion, & Expression

Answer 11

1. Expression inciting hatred: if the individual’s message intends to motivate violent acts against others.
2. Obscenity: Many censor materials; prosecute those communicating w/ prostitutes.
3. Slander: lies against character of person.
4. Reporting of judicial proceedings in certain courts: where may affect fair trial.

Question 12

Freedom of PEACEFUL ASSEMBLY

Answer 12

S. 2(c)
- Rights to hold a PEACEFUL demonstration in protest of a matter, or to picket a work location
- Becomes a riot = illegal

Question 13

Freedom of ASSOCIATION

Answer 13

People are allowed to join into groups for common purposes.

Question 14

DEMOCRATIC RIGHTS

Answer 14

S. 3 - Right for Cnd citizens to vote in fed. + prov. elections & to run for elections
S. 4 - Limits the duration of a Parliament of legislative assembly to 5 yrs between elections
- To avoid a gov. hanging onto power
indefinitely

Question 15

MOBILITY RIGHTS

Answer 15

• To ensure that prov. boundaries aren’t closed to new residents
• Allow ppl to live + work in any province, + ensure prov. gov. don’t create legislation to limit influx of new ppl

Question 16

LEGAL RIGHTS

Answer 16

S. 7 - Right to life, liberty, security of a person afforded to EVERYONE w/in Canada
S. 8-14 - Involves rights of ppl upon arrest

Question 17

EQUALITY RIGHTS

Answer 17

SS. 1 - Guarantees EVERYONE to be equal under laws + protection from laws that may discriminate against:
- Race
- National/ethnic origin
- Colour
- Sex
- Age
- Mental or physical disability
SS. 2 - Allows gov. to create laws that would assist ppl listed in ss. 1

Question 18

ANALOGOUS GROUNDS

Answer 18

Identifies different areas of discrimination one might face.
- Sexual orientation
- Marriage status
- Citizenship
- Aboriginality-residence.

Question 19

Affirmative Actions Programs

Answer 19

Aim to help employment levels in gov. workplaces to balance levels of women, ppl of diff. ethnic backgrounds, physical disabilities, etc.

Question 20

TRUE or FALSE: Charter protects the rights to not face racial discrimination when r=seeking an apartment.

Answer 20

FALSE
This right is covered under provincial legislation, NOT the Charter.

Question 21

LANGUAGE RIGHTS

Answer 21

S. 16-17 - English & French = Canada’s offical languages = Both allowed to be used equally in gov. proceedings
S. 19 - Allows either language in court proceedings
S. 20 - Guarantees gov. service will be offered in both languages, where requested

Question 22

Language Rights - S. 23

Answer 22

S. 23 - Offered in English or French only + offered to Cnd citizens
- 1/3 criteria must be met to have rights
offered in this sections
- Must be mother tongue
- Must be the language the parents were
educated
- Must be language other siblings
received in their education

Question 23

INDIGENOUS RIGHTS

Answer 23

S. 25 - Ensures that no law will be allowed to infringe upon existing Indigenous treaty rights

Question 24

MULTICULTURAL RIGHTS

Answer 24

S. 27 - Ensures any interpretation of the Charter will be done in a way that enhances + preserves Canada’s multicultural heritage

Question 25

EQUAL RIGHTS TO ALL SEXES

Answer 25

S. 28 - Ensures all sexes have equal rights throughout the Rights & Freedoms listed

Question 26

SEPARATE SCHOOLS

Answer 26

S. 29 - Allows for separate schools to exist, despite any rights in the Charter obstructing their operation

Question 27

TERRITORIES

Answer 27

S. 30 - Whenever Charter mentions a province or legislative assembly, it should also apply to territories + their gov.

Question 28

CLARIFYING POWERS

Answer 28

S. 31 - No one should interpret any section as allowing more power or authority to any legislative body

Question 29

NOTWITHSTANDING CLAUSE

Answer 29

• Allows govs. to enact legislation in spite it may violate guaranteed rights & freedoms
• Law must be reviewed every 5 yrs
• Rarely used