Podcast
Questions and Answers
What principle does the Oakes Test primarily assess?
What principle does the Oakes Test primarily assess?
- The compatibility of laws with international treaties
- The justification of law limitations under reasonable limits clause (correct)
- The effectiveness of law enforcement agencies
- The legitimacy of a law based on public opinion
What is an example of a right protected under Section 2 of the Canadian Charter of Rights and Freedoms?
What is an example of a right protected under Section 2 of the Canadian Charter of Rights and Freedoms?
- Freedom of thought and belief (correct)
- Right to a fair trial
- Right to vote in elections
- Protection against discrimination
Which document focuses on both individual liberty and equality?
Which document focuses on both individual liberty and equality?
- Magna Carta
- American Bill of Rights
- Universal Declaration of Human Rights
- French Declaration of the Rights of Man & Citizen (correct)
Which clause allows governments to pass laws that override certain Charter rights?
Which clause allows governments to pass laws that override certain Charter rights?
What does 'Mens Rea' refer to in the context of criminal law?
What does 'Mens Rea' refer to in the context of criminal law?
Which section acknowledges the protection of Indigenous rights and traditions in Canada?
Which section acknowledges the protection of Indigenous rights and traditions in Canada?
The Universal Declaration of Human Rights was adopted by which organization?
The Universal Declaration of Human Rights was adopted by which organization?
What does 'Actus Reus' refer to in criminal law?
What does 'Actus Reus' refer to in criminal law?
What is the primary focus of the Universal Declaration of Human Rights (UDHR)?
What is the primary focus of the Universal Declaration of Human Rights (UDHR)?
Which of the following rights is specifically mentioned in the Canadian Charter of Rights and Freedoms under Section 15?
Which of the following rights is specifically mentioned in the Canadian Charter of Rights and Freedoms under Section 15?
The Oakes Test evaluates whether a law limiting Charter rights meets which specific requirement?
The Oakes Test evaluates whether a law limiting Charter rights meets which specific requirement?
What does Section 1 of the Canadian Charter of Rights and Freedoms allow?
What does Section 1 of the Canadian Charter of Rights and Freedoms allow?
Which document provided a significant model for protecting individual rights in democracies?
Which document provided a significant model for protecting individual rights in democracies?
The Notwithstanding Clause in the Canadian Charter has which of the following implications?
The Notwithstanding Clause in the Canadian Charter has which of the following implications?
What fundamental principle is embodied in the concept of Mens Rea?
What fundamental principle is embodied in the concept of Mens Rea?
Which of the following groups does the Ontario Human Rights Code specifically protect?
Which of the following groups does the Ontario Human Rights Code specifically protect?
Flashcards
Oakes Test
Oakes Test
A legal test used to determine if a law limiting Charter rights is justified. It considers if the law's goal is important enough and if the limitation it imposes is proportionate.
Habeas Corpus
Habeas Corpus
The right to be brought before a court if detained and to be informed of the charges against you.
Actus Reus
Actus Reus
The physical act or conduct that makes up the crime, the "guilty act."
Mens Rea
Mens Rea
Signup and view all the flashcards
Bail
Bail
Signup and view all the flashcards
Unions
Unions
Signup and view all the flashcards
Reasonable Limits Clause
Reasonable Limits Clause
Signup and view all the flashcards
Fundamental Freedoms
Fundamental Freedoms
Signup and view all the flashcards
Universal Declaration of Human Rights (UDHR)
Universal Declaration of Human Rights (UDHR)
Signup and view all the flashcards
Study Notes
Magna Carta, Bills of Rights, and Human Rights Documents
- Magna Carta: A historic English document that influenced the development of constitutional law and human rights.
- American Bill of Rights: Provided a model for protecting individual rights in a democratic system.
- French Declaration of the Rights of Man & Citizen: Focused on individual liberty and equality, influencing global human rights thought.
- Universal Declaration of Human Rights (UDHR): Adopted by the United Nations in 1948, establishing a global standard for human rights.
- Canadian Charter of Rights and Freedoms: A foundational document guaranteeing rights and freedoms in Canada.
Canadian Charter of Rights and Freedoms: Key Sections
- Section 1 (Reasonable Limits Clause): Rights can be limited by law if the limit is justified in a free and democratic society.
- Section 2 (Fundamental Freedoms): Includes freedom of thought, belief, expression, peaceful assembly, and association.
- Sections 3-6 (Democratic and Mobility Rights): Right to vote, run for office, and move freely within Canada (must be a citizen).
- Sections 7-14 (Legal Rights): Rights to life, liberty, security, fair trials, and protection from arbitrary detention.
- Section 15 (Equality Rights): Protection against discrimination based on race, religion, sex, etc.
- Sections 16-22 (Language Rights): Right to use either English or French in federal courts and institutions.
- Section 25 (Aboriginal Rights): Acknowledges and protects Indigenous rights and traditions.
- Section 33 (Notwithstanding Clause): Allows governments (provinces or territories) to pass laws that override certain Charter rights, but must be reviewed every 5 years.
Oakes Test for Limiting Charter Rights
- A legal test to determine whether a law that limits Charter rights is justified under Section 1 (Reasonable Limits Clause).
- Examines the law's:
- Pressing and substantial objective: The reason for the limit.
- Proportionality: The limitation must not be overly broad. The benefit of the law outweighs its limits on rights.
Ontario Human Rights Code
- Protects against discrimination in employment, housing, and services, ensuring equal opportunities in Ontario.
Criminal Law Concepts
- Mens Rea: Intent or knowledge of committing a crime.
- Actus Reus: Physical conduct or act in the commission of a crime.
- Bail: Temporary release from custody while awaiting trial.
- Habeas Corpus: The right to be brought before a court if detained.
- Unions: Organizations that negotiate on behalf of workers to secure better terms.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Explore the significance of key historical documents like the Magna Carta, the American Bill of Rights, and the Universal Declaration of Human Rights. This quiz delves into how these texts influence modern understandings of individual rights and freedoms across different nations.
