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

When did the CCRF come into effect?

  • 1928
  • 1892
  • 1982 (correct)
  • 2198

What section of the CCRF is the limitation clause?

  • section 3
  • section 14
  • section 7
  • section 1 (correct)

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?

<p>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</p> 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

<p>False (B)</p> Signup and view all the answers

What does section 1 require that the court does?

<p>apply an elaborate balancing act</p> Signup and view all the answers

Section 7 through 14 defines the legal rights

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

What is a charter challenge?

<p>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</p> Signup and view all the answers

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

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

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

<p>No, what is the greater good?</p> Signup and view all the answers

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

<p>True (A)</p> 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

<p>False (B)</p> Signup and view all the answers

Match to the correct answer

<p>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 -&gt; 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”</p> Signup and view all the answers

Section 287 of the CCC infringed section 7 of the charter?

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

Supreme court did not strike down section 287 of the CC (regulating the performance of abortion in Canada)

<p>False (B)</p> Signup and view all the answers

Section 287 was salvaged by section 1

<p>False (B)</p> Signup and view all the answers

Administration of the abortion committees were arbitrary and unfair

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

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