Canadian Charter of Rights and Freedoms Quiz

Background

• The Canadian Charter of Rights and Freedoms was added to the Canadian Constitution on April 17, 1982.
• This means rights and freedoms are constitutionally protected.
• The Charter applies to all levels of government and improves on the previous Bill of Rights.
• Most rights aren't absolute and can be limited, but these limitations must be justified.

Reasonable Limits Clause

• Section 1 of the Charter is the Reasonable Limits Clause.
• Rights and freedoms can be limited if necessary for a free and democratic society.
• Courts decide what "reasonable" means on a case-by-case basis.
• An example is freedom of expression being limited if hate speech is promoted.

Analyzing a Charter Case

• A simple four-step guide for analyzing a potential Charter case is:
  • Does the Charter apply to the case?
  • Has a right or freedom been infringed?
  • Does Section 1 justify the infringement?
  • If not, is there a remedy provided by the Charter?

The Notwithstanding Clause

• Section 33 of the Charter (also known as the "overriding clause" or "opt-out clause") allows governments to pass laws despite violating Charter rights.
• Laws enacted using this clause must be reviewed every 5 years.

Fundamental Freedoms

• Section 2 of the Charter outlines fundamental freedoms for all Canadians.
• These freedoms include:
  • Freedom of conscience and religion
  • Freedom of thought, belief, opinion and expression
  • Freedom of peaceful assembly and association

Freedom of...

Conscience and Religion

• Canadians are free to practice their religion.
• No one can be forced to act in a way that violates their religious beliefs.

Thought, Belief, Opinion, and Expression

• This freedom includes all communication forms such as speech, media, and art.
• This freedom may be limited if hate speech or discrimination is promoted.

Peaceful Assembly

• This typically involves rights to participate in peaceful demonstrations.

Association

• The right to join groups, including political parties, unions, and clubs.

Democratic and Mobility Rights

Democratic Rights

• Sections 3, 4, and 5 outline democratic rights.
• Citizens have the right to vote, and elections must be held every five years.

Mobility Rights

• Section 6 details mobility rights, allowing Canadians to enter/leave Canada and move between provinces/territories.

Legal Rights

• Sections 7-14 protect personal and procedural rights in criminal justice processes.
• Specific rights discussed include:
  • Life, liberty, and security of the person; search and seizure; detention/imprisonment; arrest/detention; criminal proceedings; treatment/punishment; self-crimination; and right to an interpreter.

Equality Rights

• Section 15 of the Charter guarantees protection from discrimination.
• Discrimination can occur on grounds of race, ethnicity, colour, religion, gender, age, mental/physical disability and, more recently, sexual orientation.
• Equal rights for same-sex couples has been a recent and controversial issue.

Language Rights

• Sections 16-22 of the Charter protect Canada's official languages in government institutions.
• These sections ensure both English and French languages have equal importance, and laws must be printed in both languages.

Aboriginal Rights

• Section 25 of the Charter protects existing Aboriginal rights (e.g., treaty rights).
• Common issues argued in courts include the right to hunt/fish, land claims, and desire for self-government.

Enforcing The Charter

• Section 52 of the Constitution Act (1982) outlines remedies for unconstitutional legislation:
  • Strike down: law violates Charter and is invalid.
  • Read down: law violates Charter but part of it needs changing to be valid.
  • Read in: law needs amendments but is still considered constitutional following the amendments
• Section 24 allows anyone whose rights are violated to apply to a court for redress.

Courts and the Legislature

• Governments are responsible for enacting and changing laws.
• Courts are responsible for interpreting these laws, deciding whether they are constitutional, examining Charter breaches.
• Judicial activism occurs when judges bring their own views and values into court decisions.

Test your knowledge on the Canadian Charter of Rights and Freedoms! This quiz covers the key aspects, including the Reasonable Limits Clause and how to analyze Charter cases. Explore the balance between rights and societal needs as outlined in the Charter.