Canadian Charter of Rights and Freedoms Overview
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Questions and Answers

What is the maximum duration before federal elections must be called in Canada?

  • Ten years
  • Three years
  • Five years (correct)
  • Seven years

Which principle does Section 7 emphasize regarding the government's authority?

  • Liberty and security of the person (correct)
  • Right to travel abroad
  • Right to property
  • Right to fair trial

Under which circumstances may police conduct a search without a warrant?

  • If a crime is suspected to have occurred
  • At the discretion of the officer
  • If the person is under arrest (correct)
  • During a routine traffic stop

What legal provision allows individuals deemed eligible to receive assistance in dying?

<p>MAID law (D)</p> Signup and view all the answers

Which of the following rights is specifically associated with mobility in Canada?

<p>Right to leave and return to Canada (A)</p> Signup and view all the answers

What is the first criterion of the proportionality test as applied in reasonable limits clauses?

<p>Is the goal important enough? (B)</p> Signup and view all the answers

Which of the following criteria assesses if the benefit of a limitation outweighs the harm caused by restricting a right?

<p>Is the benefit of the limitation proportionate to the harm caused? (D)</p> Signup and view all the answers

Under which section of the charter can governments justify limiting rights?

<p>Section 1 (D)</p> Signup and view all the answers

What is one primary characteristic of the notwithstanding clause?

<p>It must be reaffirmed after five years. (B)</p> Signup and view all the answers

What was a key justification for Bill 21, also known as the laicity act, as it pertains to limiting religious expression?

<p>It ensures public sector neutrality regarding religious symbols. (C)</p> Signup and view all the answers

What does actus reus refer to in the context of a crime?

<p>The legal act committed (B)</p> Signup and view all the answers

Under what condition can bail be denied to an accused individual?

<p>If the judge believes the accused may commit another offense (C)</p> Signup and view all the answers

What is indicated by the principle of innocence until proven guilty?

<p>An accused person is presumed innocent without sufficient evidence (A)</p> Signup and view all the answers

What does section 12 of the legal rights address?

<p>Protection from cruel and unusual punishment (C)</p> Signup and view all the answers

What characterizes a dangerous offender?

<p>A person posing a threat to the safety of others (C)</p> Signup and view all the answers

Which statement about capital punishment in Canada is accurate?

<p>It was abolished in 1976 (D)</p> Signup and view all the answers

What option entails a person related to the accused taking responsibility for their actions?

<p>Surety (D)</p> Signup and view all the answers

Which practice was removed from the criminal code of Canada in 1972?

<p>Corporal punishment (A)</p> Signup and view all the answers

What did the Supreme Court of Canada rule regarding privacy over text messages?

<p>Individuals can expect privacy even after messages are sent. (B)</p> Signup and view all the answers

What must police demonstrate to lawfully detain a person under section 9?

<p>Probable cause. (A)</p> Signup and view all the answers

Which of the following is NOT one of the five components of proper arrest procedure?

<p>The officer must wear a badge. (A)</p> Signup and view all the answers

What does the symbolic touch signify in an arrest?

<p>The officer has legal authority to detain. (B)</p> Signup and view all the answers

What is confirmed by section 11 of the Charter regarding legal counsel?

<p>Every individual has a right to legal counsel. (C)</p> Signup and view all the answers

Which statement accurately reflects the burden of proof in criminal cases?

<p>The burden of proof is on the crown to establish guilt. (D)</p> Signup and view all the answers

Which statement is true regarding the rules for contacting legal counsel in Canada?

<p>Individuals have a reasonable opportunity to contact legal counsel. (A)</p> Signup and view all the answers

What is the outcome for a person under section 11 until proven guilty?

<p>They are presumed innocent. (A)</p> Signup and view all the answers

What is the main difference between rights and freedoms as outlined in the Canadian Charter?

<p>Rights are entitlements guaranteed by the government, while freedoms are privileges that can be limited. (D)</p> Signup and view all the answers

Which rights or freedoms were limited by the notwithstanding clause of section 33 in the Charter?

<p>Fundamental freedoms (C)</p> Signup and view all the answers

Why did Canada restrict the claim of the African refugees practicing female circumcision?

<p>The practice was deemed harmful to women. (C)</p> Signup and view all the answers

What principle allows for limits to be placed on rights and freedoms as per section 1 of the Charter?

<p>Limits must be reasonable and justified in a democratic society. (D)</p> Signup and view all the answers

What consequence did the German writer face for his expression about the Holocaust?

<p>He was sentenced to five years in jail in Germany. (D)</p> Signup and view all the answers

How are rights and freedoms described in relation to the Canadian Constitution?

<p>They are established as essential for preserving democracy. (B)</p> Signup and view all the answers

What was the main concern of the provinces regarding the fundamental freedoms outlined in the Charter?

<p>They feared that the freedoms were too vague and broad. (C)</p> Signup and view all the answers

Which of the following is NOT considered a fundamental freedom under the Canadian Charter?

<p>Freedom from government surveillance (C)</p> Signup and view all the answers

Flashcards

Reasonable Limits Clause

A clause in a charter of rights that allows governments to place limitations on fundamental freedoms, as long as the limits are justifiable.

Proportionality Test

A test used to determine if government restrictions on fundamental freedoms are justified.

Notwithstanding Clause

Allows governments to temporarily and temporarily override certain charter rights for a specific period.

Freedom Convoy

Example related to protest where the reasonable limits clause was used in a Canadian government response to restrictions.

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Bill 21

Quebec's law that restricts certain public sector workers from wearing religious symbols.

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Religious Symbol Rights

Wearing religious symbols is a protected right, and it cannot be infringed by law

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Democratic Voting Rights

Citizens have the right to elect representatives and run for office, with federal elections every 5 years.

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Mobility Rights in Canada

Canadians can move, live, and work anywhere within the country; provincial restrictions on non-residents' property are limited.

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Security of the Person (S.7)

The right to life, liberty, and security is protected; government interference is limited by fundamental justice principles (exceptions exist).

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Unreasonable Search & Seizures (S.8)

Protection against unwarranted searches and seizures; a warrant is required unless under arrest or under specific laws (like controlled substances).

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Canadian Charter of Rights and Freedoms

A constitutional document defining Canadians' rights and freedoms, with limitations.

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Rights vs. Freedoms

Rights are guaranteed entitlements, while freedoms are privileges that can be limited if they infringe on others' rights.

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Fundamental Freedoms

Basic rights and freedoms guaranteed in the Charter, such as religion, conscience, expression, assembly.

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Notwithstanding Clause

A clause allowing provinces to temporarily override certain Charter rights when necessary.

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Reasonable Limits Clause

Section 1, allowing limits on rights and freedoms for legitimate societal needs.

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Female Circumcision

Case study example challenging freedom of religion limits when harmful to women.

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Freedom of Expression

Right to communicate thoughts and ideas, but may face limits under the Charter.

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Reasonable Limits

Limits on rights and freedoms shown to be necessary for a free and democratic society.

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R v. Marakah

Supreme Court of Canada case establishing the right to privacy over text messages.

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Section 8 Charter

Part of the Canadian Charter protecting privacy rights.

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Section 9 Charter

Guarantees freedom from arbitrary detention or imprisonment in Canada.

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Section 10 Charter

Outlines rights of arrested individuals, including counsel.

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Duty Counsel

Lawyer available in courts for those needing legal aid.

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Legal Aid

Government program providing legal representation to those unable to afford a lawyer.

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Burden of Proof

Responsibility of the Crown to prove guilt beyond a reasonable doubt.

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Reverse Onus

Legal principle where the accused has to prove innocence in limited settings.

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Actus Reus

The physical act of a crime.

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Mens Rea

The mental element of a crime, the intent.

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Right to Bail

The right to be released before trial, unless cause exists.

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Types of Pre-Trail Release

Recognizance, financial deposit (surety), or money.

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Dangerous Offenders

Threat to public safety, indeterminate sentence.

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Cruel and Unusual Punishment

Prohibition against harsh or inhumane treatment.

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Witness Protection

Witness testimony cannot be used against them in other cases, safeguards testimony for safety.

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Capital Punishment

Removed from Canadian law in 1976; death penalty.

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Study Notes

Canadian Charter of Rights and Freedoms

  • Constitutional document, defining Canadian rights and freedoms, limits proclaimed in 1982
  • Rights are entitlements, guaranteed by government, freedoms are privileges subject to limitation if conflicting with others' rights
  • Categories include fundamental freedoms (conscience/religion, belief/expression, association, peaceful assembly)

Rights vs. Freedoms

  • Rights are prioritized over freedoms
  • Any right given to a citizen cannot be taken away
  • Freedoms, however, can be limited if interfering with someone else's rights

Reasonable Limits Clause

  • Section 1 of the Charter allows limitations on rights/freedoms if reasonable and justified in a democratic society
  • Courts apply a proportionality test:
    • Is the goal significant enough?
    • Does the restriction help achieve the goal?
    • Is it the least restrictive way to achieve the goal?
    • Is the benefit proportionate to the harm?

Notwithstanding Clause

  • Section 33 of the Charter allows governments to temporarily override certain Charter rights
  • Temporarily for 5 years then must be reaffirmed

Case Examples

  • Freedom Convoy Protests (2022): The federal government used the Emergencies Act (and the Charter's limitations clause) to restrict certain freedoms. This was an example for the use of justifiable limitations on freedoms.
  • German writer who denied the Holocaust: Supreme Court of Canada limited his freedom of expression due to actions deemed harmful to others.

Additional Rights/Freedoms

  • Immigrants, practicing female circumcision: Religious freedom limited, harm to women.
  • Religious symbols in the public sector was challenged under the Charter, but was not ruled as a violation by the court.

Legal Rights (S.7 -14):

  • Right to life, liberty, and security of the person
  • Limits government's power to detain, denying liberty, under fundamental justice
  • The "reasonable limits" clause applies to limit this as well. This is used in cases for the Canadian law for abortion, as an example.

R v. Marakah

  • Supreme Court of Canada ruled that individuals have a right to privacy in text messages. This case is significant for upholding the privacy rights in communication.
  • Freedom from unreasonable searches and seizures only under exceptional circumstances (police warrants)
  • No arbitrary detentions, no arrests without sufficient cause, rights of arrested citizens during arrest procedures.

  • Presumed innocence until proven guilty

  • Burden of proof on the Crown (prosecution).

  • Right not subjected to cruel and unusual treatment or punishment.
  • This included capital punishment, corporal punishment and now, placing inmates in solitary confinement for extended periods
  • Witness protection (evidence cannot be used against the witness in a separate case)
  • Protection for equal rights regardless of race, ethnic origin, color, religion, sex, etc.(including mental/physical disabilities) and ensuring these individuals receive equal protection under the laws.
  • Employment equity programs to promote equal opportunity. (special treatment is allowed for those disadvantaged)

Aboriginal Rights

  • Rights protected under the Charter are not to be used
  • Recognizes traditional aboriginal rights.
  • Treaties, land claims and aboriginal rights.

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Canadian Charter of Rights and Freedoms - PDF

Description

This quiz covers key aspects of the Canadian Charter of Rights and Freedoms, including the distinction between rights and freedoms, the Reasonable Limits Clause, and the Notwithstanding Clause. Understand how these concepts work within Canadian law to protect individual rights in a democratic society.

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