US Amendments VS Charter Flashcards
1st Amendment
1st: Protects freedom of religion, freedom of speech, freedom of the press, freedom of assembly and the right to petition the government.
CCRF Equivalent: Fundamental freedoms - section 2 freedom of conscience and religion; freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; freedom of peaceful assembly, and freedom of association.
2nd Amendment
2nd: Protects the right to keep and bear arms
Equivalent: Criminal Code of Canada 91. (1) Subject to subsections 4) and (6), every person commits an offence who possesses a firearm without being the holder of
(a) a licence under which the person may possess it, and (b) a registration certificate for the firearm. careless use of a firearm - s. 86 (1) Improper storage -s. 86 (2)
Pointing a firearm - s. 87 (I) Losing firearm and not reporting - s. 105 (1)
3rd Amendment
3rd: Restricts the quartering of soldiers in private home
Equivalent: NA
4th Amendment
4th: Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause
CCRF Equivalent: Section 8 - Search or seizure… Everyone has the right to be secure against unreasonable search or seizure.
5th Amendment
5th: Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy
CCRF Equivalent: Section 13 - Self-incrimination… 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.
6th Amendment
6th: Protects the right to a speedy public trial by jury, to notification of criminal accusations, to confront the accuser, to obtain witnesses and to retain counsel
CCRF Equivalent: Section 10 - Arrest or detention… to be informed promptly of the reasons therefor, to retain and instruct counsel without delay and to be informed of that right; and to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
7th Amendment
7th: Provides for the right to a jury trial in civil lawsuits
Equivalent: A jury in a civil trial is a group of 6 Canadians most civil cases are decided by a judge alone. Varies by province
8th Amendment
8th: Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment CCRF
Equivalent: Section 11 not to be denied reasonable bail without just cause;
Section 12 - Treatment or punishment. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
9th Amendment
9th: States that rights not enumerated in the Constitution are retained by the people
Equivalent: Canada Act 1982: The federal government has authority over those not mentioned in sections 91 and 92 BNA act
10th Amendment
10th: States that the federal government possesses only those powers delegated, or enumerated, to it through the Constitution and that all other powers are reserved to the States, or to the people.
Equivalent: Section 91 BNA act
11th Amendment
11th: Makes states immune from suits from out-of-state citizens and foreigners not living within the state borders; lays the foundation for state sovereign immunity
Equivalent: NA
12th Amendment
12th: Revises presidential election procedures by having the president and vice president elected together as opposed to the vice president being the runner-up in the presidential election
Equivalent: NA
13th Amendment
13th: Abolishes slavery, and involuntary servitude, except as punishment for a crime.
Equivalent: Slavery Abolition Act 1833
14th Amendment
14th: Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, and the Equal Protection Clause, and deals with post-Civil War issues
CCRF Equivalent: Equality rights - section 15. Every individual is equal before and under the law and has the right to 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.
15th Amendment
15th: Prohibits the denial of the right to vote based on race, colour or previous condition of servitude
15th.
CCRF Equivalent: Section 3 - Democratic rights of citizens… Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
