The Canadian Charter of Rights and Freedoms
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Questions and Answers

What does the freedom of Thought, Belief, Opinion, and Expression encompass?

  • Non-verbal communication only
  • Freedom to express opinions solely in writing
  • Only verbal expression
  • All forms of communication, including speech, media, and arts (correct)

What distinguishes the right to peaceful assembly from other freedoms?

  • It is only applicable to political gatherings
  • It is contingent upon government approval every time
  • It does not include expression of dissenting opinions
  • It allows participation in peaceful demonstrations (correct)

Under the democratic rights in Section 3, what is a fundamental right of citizens?

  • The right to free education
  • The right to bear arms
  • The right to own property
  • The right to vote (correct)

What limitation can be placed on the freedom of expression?

<p>It may be restricted if it promotes hate or discrimination (D)</p> Signup and view all the answers

Which section of the Charter prescribes the right to life, liberty, and security of the person?

<p>Section 7 (C)</p> Signup and view all the answers

Which of the following rights does Section 6 identify?

<p>Right to move between provinces and territories (D)</p> Signup and view all the answers

How often must Parliament and Legislature sit, as stated in Section 5?

<p>At least once every year (A)</p> Signup and view all the answers

Which statement about the freedom of association is accurate?

<p>It allows citizens to form groups such as unions and clubs (A)</p> Signup and view all the answers

What happens if the House of Commons or Legislative Assembly does not have an election within five years, according to Section 4?

<p>They must dissolve and hold an election (B)</p> Signup and view all the answers

In what context can the freedom of conscience and religion be invoked?

<p>It allows individuals to freely practice their faith without coercion (A)</p> Signup and view all the answers

What is the primary purpose of Quebec's Charter of the French Language Act?

<p>To ensure education in French until secondary studies for immigrant children (C)</p> Signup and view all the answers

Which of the following accurately describes the 'Read down' remedy provided by Section 52 of the Constitution Act, 1982?

<p>It allows for a partial amendment of a law that violates Charter rights (C)</p> Signup and view all the answers

What is the significance of Section 24 of the Charter?

<p>It enables individuals to seek remedies for rights infringements (D)</p> Signup and view all the answers

What does the Notwithstanding Clause (Section 33) allow provincial legislatures to do?

<p>Allow laws to be exempt from the Charter's enforcement for a specific period (B)</p> Signup and view all the answers

What is the primary focus of Saskatchewan's Parents Bill of Rights Law?

<p>Granting parents the right to access their child's gender identification information (D)</p> Signup and view all the answers

What is the primary purpose of the Canadian Charter of Rights and Freedoms?

<p>To protect rights and freedoms under the constitution (B)</p> Signup and view all the answers

Who can invoke the Canadian Charter of Rights and Freedoms?

<p>Anyone in Canada with certain exceptions (A)</p> Signup and view all the answers

Which level of government is not subject to the Canadian Charter of Rights and Freedoms?

<p>None of the above (D)</p> Signup and view all the answers

In what scenario might a person's freedom of expression be legally limited?

<p>When promoting hate speech (B)</p> Signup and view all the answers

What is the role of the Oakes Test in Charter analysis?

<p>To justify the infringement of rights under Section 1 (B)</p> Signup and view all the answers

What must the government prove to justify the limitation of a right under the Charter?

<p>That the limitation can be deemed reasonable in a democratic society (C)</p> Signup and view all the answers

What happens if a Charter right is found to be infringed but is not justifiable under Section 1?

<p>The court provides a remedy through the Charter (C)</p> Signup and view all the answers

Which of the following rights is generally not seen as absolute under the Charter?

<p>Right to freedom of expression (C)</p> Signup and view all the answers

What is the main purpose of Sections 16-22 of the Charter?

<p>To guarantee the equal status of Canada's official languages (C)</p> Signup and view all the answers

Which of the following is NOT a common issue argued in courts related to Aboriginal rights?

<p>Right to participate in federal elections (D)</p> Signup and view all the answers

How often must a law enacted under Section 33 of the Charter be reviewed?

<p>Every 5 years (D)</p> Signup and view all the answers

What role does Section 33 play concerning rights and freedoms?

<p>It allows governments to maintain laws that may violate rights (D)</p> Signup and view all the answers

Which example illustrates a violation of the rights and freedoms guaranteed by the Charter according to the Supreme Court?

<p>The mandate for all street signs in Quebec to be in French (A)</p> Signup and view all the answers

The rights of which group are specifically protected under Section 25 of the Charter?

<p>Indigenous peoples in Canada (D)</p> Signup and view all the answers

What is the significance of the 'overriding clause' in Section 33 of the Charter?

<p>It permits laws to stand despite contradictory rights (C)</p> Signup and view all the answers

Which language rights are guaranteed by the Charter in terms of government services?

<p>Government services must be offered in both English and French (D)</p> Signup and view all the answers

What is the primary focus of Section 8 regarding search and seizure?

<p>Right to be free from unreasonable searches (C)</p> Signup and view all the answers

Which of the following correctly describes the right to liberty as mentioned in the content?

<p>It can be curtailed if a person is convicted of a crime. (A)</p> Signup and view all the answers

What is one condition under which the police can search without a warrant according to the legal rights outlined?

<p>If they find something incriminating during lawful presence. (B)</p> Signup and view all the answers

Which right ensures that a person is informed of the reasons for their arrest?

<p>Section 10: Rights on Arrest or Detention (B)</p> Signup and view all the answers

What does Section 14 focus on in terms of legal rights?

<p>Right to an interpreter during legal proceedings (C)</p> Signup and view all the answers

What is considered unlawful under Section 12 regarding treatment or punishment?

<p>Subjecting individuals to cruel or unusual treatment (C)</p> Signup and view all the answers

Which aspect is emphasized in Section 15 concerning discrimination?

<p>Specific grounds where discrimination is prohibited (C)</p> Signup and view all the answers

What principle underlies the right of a person to not be tried for the same offense again?

<p>Right to Double Jeopardy (C)</p> Signup and view all the answers

What is the purpose of Section 24 in the context of Charter rights?

<p>To review if government actions infringe on rights and if those actions are justified. (A)</p> Signup and view all the answers

Which of the following represents a key component of the Oakes Test?

<p>There must be a rational connection between the limitation and its intended goal. (C)</p> Signup and view all the answers

What does the proportionality test in the Oakes Test assess?

<p>Whether the government’s response is proportional to the issue at hand. (D)</p> Signup and view all the answers

What occurs if the court finds that a right has been infringed upon without justification under Section 24?

<p>The government cannot use the evidence that was collected through the violation. (B)</p> Signup and view all the answers

What are the two main parts of the Oakes Test?

<p>Government objective importance and proportionality basis. (A)</p> Signup and view all the answers

What is defined as a 'remedy' in the context of rights enforcement?

<p>A method for a person to enforce their rights in court. (B)</p> Signup and view all the answers

Which aspect of the Charter must be established to determine if a case is valid under Section 24?

<p>A right or freedom within the Charter has been infringed upon. (D)</p> Signup and view all the answers

What is NOT a requirement of the proportionality test?

<p>The government’s solution must be worse than the problem. (D)</p> Signup and view all the answers

Flashcards

Notwithstanding Clause (Section 33)

A legal provision that allows provinces to override certain Charter rights in specific circumstances.

Strike Down (Section 52)

A court declares a law invalid because it violates Charter rights.

Read Down (Section 52)

A court modifies a law to comply with Charter rights.

Read In (Section 52)

A court adds language to a law to ensure it aligns with Charter rights.

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Section 24 of the Charter

A provision that allows individuals whose rights have been violated to seek legal remedies.

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What is the Charter of Rights and Freedoms?

The Canadian Charter of Rights and Freedoms, enshrined in the Constitution on April 17, 1982, safeguards fundamental rights and freedoms for all Canadians.

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Who does the Charter apply to?

The Charter applies to all levels of government, including municipal, provincial, and federal.

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Who does the Charter protect us from?

The Charter protects all Canadians from government infringements on their rights, but some rights are not absolute.

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Can Charter rights be limited?

The Charter's rights can be limited if the government can justify the restriction, and courts determine if these limitations are reasonable.

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What is Section 1 of the Charter?

Section 1 of the Charter allows for reasonable limitations on rights, ensuring balance between individual freedoms and societal needs.

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What is the Oakes Test?

The Oakes Test is used to assess if a government-imposed limitation on a right is justified under Section 1. It involves a four-step process.

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What are some basic freedoms in the Charter?

The Charter guarantees basic freedoms like freedom of expression and assembly.

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What is involved in analysing a Charter case?

Analysing a Charter case involves determining if the Charter applies, if a right has been infringed, if the infringement is justified under Section 1, and if there is a remedy.

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Infringed Right

When a right or freedom guaranteed by the Charter is violated or broken.

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Remedy

A method for a person to enforce their Charter rights in court.

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Section 24(1)

This section of the Charter allows people to challenge government actions that limit their rights in court.

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Section 24(2)

This section of the Charter states that if the government collected evidence while violating a right, it cannot be used against the person in court.

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Oakes Test

A test that helps determine if a law that limits a Charter right is reasonable.

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Important Objective

The reason or purpose for limiting a Charter right must be important and of sufficient weight.

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Rational Connection

A part of the Oakes Test that examines the connection between the limitation and its goal.

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Minimal Impairment

A part of the Oakes Test that examines the extent to which the limitation impacts the right.

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Right to Security of the Person

The right to make choices about your own body, including refusing medical treatment.

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Search & Seizure

Protects you from unreasonable searches and seizures by the government, like police.

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Right to Not Be Arbitrarily Detained

Ensures that you are not arrested or imprisoned without a valid reason.

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Rights On Arrest

Guarantees that you will be informed of the charges against you, have access to legal representation, and be treated fairly during the arrest process.

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Criminal Proceedings

Protects fundamental rights during criminal proceedings, including the right to a speedy trial, presumption of innocence, and protection from double jeopardy.

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Cruel and Unusual Treatment

Ensures that you are not subjected to cruel or unusual punishments by the government.

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Self-Crimination

Protects you from being forced to testify against yourself in legal proceedings.

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Right to an Interpreter

Guarantees the right to an interpreter if you don't understand the language used in legal proceedings.

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Freedom of Religion

The right to practice and follow one's religion or faith without government interference, and the right to not be forced to act against one's religious beliefs.

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Freedom of Thought, Belief, Opinion, and Expression

This freedom encompasses all forms of communication and expression, including speech, media, and the arts. However, it can be limited if a person promotes hate or discrimination.

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Freedom of Association

This refers to the right of individuals to join together in groups, such as political parties, unions, and clubs.

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Freedom of Peaceful Assembly

Includes the right to gather peacefully in public spaces. This right is often exercised through demonstrations and protests.

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Right to Vote

The right of citizens to vote in elections.

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Limited Term for Elected Representatives

Ensures that the House of Commons or Legislative Assembly cannot continue for longer than 5 years without an election.

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Parliament & Legislature Must Meet Annually

Guarantees that both the Parliament and the Legislature must meet at least once a year.

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Mobility Rights

This section encompasses the right of Canadian citizens to enter and leave Canada, and to move freely between provinces and territories.

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Legal Rights

A set of rights that protect individuals involved in the criminal justice system, including their rights to life, liberty, and security, protection from unreasonable search and seizure, and the right to a fair trial.

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Life, Liberty, Security of the Person

Protects the right to life and freedom from arbitrary deprivation of life. It's not simply about having a right to live, but also having the right to not be unfairly or unjustly taken from life.

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Sections 16-22: Language Rights

Sections of the Canadian Charter of Rights and Freedoms that guarantee equal importance of English and French in government matters. This includes requiring government publications and services to be available in both languages.

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Section 25: Aboriginal Rights

This section of the Charter guarantees the rights of Indigenous Peoples in Canada, including treaty rights. Many legal arguments concerning Indigenous rights are related to this section.

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Section 33: Notwithstanding Clause

A section of the Charter that allows governments to temporarily ignore Charter rights and freedoms if they deem it necessary. The government must review laws enacted under this clause every five years.

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Same-Sex Marriage and the Charter

The Canadian courts have dealt with legal arguments relating to same-sex marriage, which were connected to the Charter of Rights and Freedoms.

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Charter Principles and Same-Sex Marriage

The legal arguments related to same-sex marriage were often based on the Charter's principles, such as the right to equality and freedom of expression. The courts used these principles to determine the validity of laws prohibiting same-sex marriage.

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The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is a fundamental legal document that protects individual rights and freedoms. Its provisions have been key to many legal arguments and decisions, including in cases related to same-sex marriage and Indigenous rights.

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The Controversy of the Notwithstanding Clause

The Notwithstanding Clause is a controversial section of the Charter that allows governments to enact laws that violate certain Charter rights and freedoms. This clause has been used in situations where a government believes that a law is essential for a specific purpose, even if it may infringe on individual rights.

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Indigenous Rights and Legal Arguments

Legal arguments related to Indigenous rights often focus on issues such as treaty rights, land claims, and self-government. These arguments are frequently based on the Charter's protections of Aboriginal rights and equality.

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Study Notes

The Canadian Charter of Rights and Freedoms

  • Entrenched in the Canadian Constitution on April 17, 1982
  • Protects rights and freedoms
  • Overcame limitations of the Bill of Rights
  • Applies to all levels of government (municipal, provincial, federal)
  • Protects individuals from government actions
  • Most rights are not absolute; limitations can be justified

Section 1: Reasonable Limits Clause

  • Rights and freedoms can be limited by government if the limitation is justified
  • Courts decide what “reasonable” means on a case-by-case basis
  • Examples of limitations: freedom of expression limited if it promotes hate speech; liberty of a person can be limited if they commit a violent crime

Analyzing a Charter Case ("Playing Judge")

  • Four-step process for judges to determine if a limitation of a right is justified
  • Step 1: Does the Charter apply to the case?
  • Step 2: Has a right or freedom in the Charter been infringed upon?
  • Step 3: Does Section 1 justify the infringement using the Oakes Test?
  • Step 4: If not, what remedy is provided by the Charter?

Section 2: Fundamental Freedoms

  • Explains the basic fundamental freedoms in Canada
  • Freedom of conscience and religion
  • Freedom of thought, belief, opinion, and expression
  • Freedom of peaceful assembly
  • Freedom of association

Section 2 Continued: Freedom of...

  • Conscience and Religion: Everyone is free to practice their religion without coercion
  • Thought, Belief, Opinion, Expression: Includes all forms of communication and expression, but can be limited if it promotes hate or discrimination
  • Peaceful Assembly: Right to participate in peaceful demonstrations
  • Association: Right to join groups like political parties, unions, or clubs

Sections 3, 4, & 5: Democratic Rights

  • Section 3: Citizens' right to vote
  • Section 4: Limits the duration of House of Commons and Legislative Assembly terms without elections
  • Section 5: Stipulates that Parliament and legislatures must sit at least once a year

Section 6: Mobility Rights

  • Right for Canadians to enter and leave Canada and to move between provinces and territories
  • Definition and Purpose: These sections protect personal and procedural rights in the criminal justice system
  • Section 7: Right to life, liberty, and security of the person
  • Section 8: Protection from unreasonable search and seizure
  • Section 9: Protection from arbitrary imprisonment or detention
  • Section 10: Rights on arrest and detention (e.g., access to a lawyer)
  • Section 11: Criminal proceedings (e.g., right to a fair trial)
  • Section 12: Protection from cruel and unusual treatment or punishment
  • Section 13: Protection against self-crimination
  • Section 14: Right to an interpreter

Section 7: Right to Life, Liberty, and Security of the Person

  • Right to live
  • Right to not die (e.g., physician assisted death)
  • Right to be free (limited if convicted of a crime)
  • Right to bodily autonomy (e.g., case of A.C. with blood transfusion)

Section 8: Search and Seizure

  • Right not to be unreasonably searched or have anything seized
  • Warrant requirements for searches

Section 9 and 10: Arbitrary Detention and Arrest

  • Right to not be arbitrarily detained or imprisoned
  • Rights on arrest and detention (e.g., access to a lawyer)

Section 11: Criminal Proceedings

  • Right to a fair trial within a reasonable time
  • Presumption of innocence until proven guilty
  • Right not to face double jeopardy

Sections 12-14

  • Section 12: Protection from cruel or unusual treatment or punishment
  • Section 13: Privilege against self-incrimination (if a witness)
  • Section 14: Right to an interpreter

Section 15: Equality Rights

  • Protection from discrimination based on various grounds (e.g. race, ethnic origin, colour, religion, gender, age, mental or physical disability, and sexual orientation).
  • Note: this is not exhaustive list

Sections 16-22: Language Rights

  • Protection of Canada's official languages (English and French) in government institutions
  • Equal importance of both languages

Section 25: Aboriginal Rights

  • Guarantees existing rights of Indigenous peoples in Canada (e.g., treaty rights related to land, hunting, fishing...
  • Aboriginal issues often debated and argued in court

Section 33: Notwithstanding Clause

  • Allows governments to enact laws despite violating Charter rights.
  • Laws enacted under this clause must be reviewed every five years

Examples of the use of the Notwithstanding Clause (Section 33)

  • Examples of laws where the notwithstanding clause was invoked
  • Including the Bill 101 case in Quebec

Section 52 of the Constitution Act, 1982: Enforcing the Charter

  • Defines remedies available when legislation is found to be unconstitutional
  • The Supreme Court can
    • Strike down a law
    • Read down a law
    • or Read in new words to a Law

Section 24: Enforcing the Charter (Continued)

  • Allows anyone who feels their rights have been infringed to apply to court
  • The court can decide if a right was reasonably infringed and if a remedy is appropriate for the infringement
  • Rights can be restricted for the good of society (but only if reasonable).

Oakes Test

  • Used to judge if a limit on a Charter right is reasonable
  • Two parts:
    • Government objective must be important
    • Proportionality test to ensure it is minimally infringing and proportional to the infringement

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