Unit 8: The charter of Rights & Freedoms Flashcards
liberal democracy
along with respect for the rule of the majority, the country also operates with respect for the interests or ‘rights’ of the minority.
the adoption of the bill of rights was in…
1960
Canada has seen a much higher degree of judicial involvement in protection of individual and minority interests against those of the majority of the population. Such involvement is sometimes referred to as…
judicial activism
In 1930, which newspapers to allow the government free space to respond to any criticism?
Alberta’s government
Who tried to ban gatherings of Communists and some religious practices by Jehovah’s Witnesses
Quebec’s Government
the Saskatchewan Bill of Rights
Adopted in 1947
the United Nation’s Universal Declaration of Human Rights
Adopted in 1948
the British Judicial Committee of the Privy Council
the Supreme Court of Canada
There are essentially two means to have a case heard by the Supreme Court:
1) In certain criminal cases where a superior court has overturned the decision of an inferior court, the right to appeal to the Supreme Court is automatic.
2) In other cases, those wishing their case to be heard by the Supreme Court must convince two members of a three-judge panel that their request has merit.
How many supreme court judges are there currently..
9
how many judges must be from Quebec?
3
What are Supreme court judges not allowed to do?
not allowed to be members of political parties, to speak publicly on political matters, or to publicly display preference for any particular political views.
What 3 job securities do supreme judges have?
judges have security of tenure, their salaries are fixed by law, and have control over the administration of their courts
Who can create new laws?
Only Parliament
What are two significant limitations to the Bill of Rights?
1) A federal statute
2) can be amended by consent of the House of commons
Victoria Accord - 1971
included a charter that provided for entrenchment of bilingual language rights, as well as some civil liberties
When was the constitution adopted?
1982
Fundamental Freedoms
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press
and other media of communication;
c) freedom of peaceful assembly; and
d) freedom of association.
number 15 of Charter of rights and freedoms state
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.
what does number 1 of the Charter of Rights and Freedoms State?
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
What does section 28, about sex state
28 of the Charter clarifies that sex will not provide grounds for discrimination in Canadian society.
Section 16, subsection 1, states that Canada has two official languages. Where are they to be used?
its Parliament and by its federal government
Subsection 2 of Section 16 of the Charter also stipulates that these two languages are also the official languages of the province of…
New Brunswick
Sections 25 of the Charter of Rights and Freedoms explains that rights and freedoms established in the Indian Act will…
not be undone but enriched
27 of Charter of rights and Freedoms states (in regards to multiculturalism)
This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.
