The impact of the Canadian charter of rights and freedoms Midterm 1

When did the CCRF come into effect?

1982

What section of the CCRF is the limitation clause?

section 1

What does the limitation clause do?

It allows the government to justify certain infringements of charter rights

What does section 1 of the CCRF do?

the CCRF guarantees the rights and freedom set out in its subjects only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society Signup and view all the answers

If at any point you feel like your rights have not been protected you cannot bring forth that infringement to the court

False Signup and view all the answers

What does section 1 require that the court does?

apply an elaborate balancing act Signup and view all the answers

Section 7 through 14 defines the legal rights

True Signup and view all the answers

What is a charter challenge?

Charter challenge: they try to change the wording of the legislation, strict interpretation, ask government to reconsider to write the section, strike down a section of the legislation Signup and view all the answers

Do certain section infringe the safety and security of sex trade workers?

yes, the law itself puts the women in danger and violates their freedom and security Signup and view all the answers

Should there be a minimal limit to the freedom in order to benefit the greater good of society?

No, what is the greater good? Signup and view all the answers

The SCC state that the prostitution act violated sex trade workers safety and security → violating section 7

True Signup and view all the answers

The SCC did not strike down the prostitution-related provisions and ask the parliament of canada to revise the related sections

False Signup and view all the answers

Match to the correct answer

Dr. Morgentaler held abortion clinics = in Montreal women had to get a letter from the doctors office and have it mailed to the committee and go through a whole process of explaining to social workers, doctors and the committee as to why she wanted an abortion = the whole process took a lot of time and abortion is a time sensitive issue -> an infringement of the woman's right charges: conspiracy to procure the miscarriage of female persons = Charged 4 times and put on probation after each time (after his probation he opened up more clinics, served 8 months in prison at one point) Section 287 of the CCC made abortion a criminal offense unless it was carried out in an hospital after an approval by a committee that determined the pregnancy = “would or would be likely to endanger” the woman’s life or health” Signup and view all the answers