Canadian Charter of Rights and Freedoms and Human Rights

Flashcards covering key concepts related to the Canadian Charter of Rights and Freedoms and international human rights.

Canadian Charter of Rights and Freedoms (CCRF)

Part of the Constitution Act, 1982, outlining rights and freedoms in Canada.

Substantive Rights

Rights that guarantee fundamental human freedoms and protections.

Procedural Rights

Rights that guarantee fair and transparent legal processes.

Reasonable Limits Clause (Section 1)

Allows rights to be limited if justified in a free and democratic society.

Oakes Test

A legal test to determine if a Charter rights violation is justifiable under Section 1.

Equality Rights (Section 15)

Guarantees everyone is equal under the law, regardless of various characteristics.

Notwithstanding Clause (Section 33)

Allows governments to override certain Charter rights under specific conditions.

Habeas Corpus

Legal right to be informed of the reason for detention and to be released if it’s illegal.

Judicial Activism

Judges have the power to strike down laws they find unconstitutional.

Universal Declaration of Human Rights (UNDHR)

A global document listing basic rights and freedoms for all humans, adopted in 1948.

Sovereign Equality

The principle that all countries are equal at the UN, with no interference in internal affairs.

Self-Determination (UN DRIP)

The right of Indigenous peoples to determine their political status and development.

Discrimination

Unfair treatment based on characteristics like race, gender, or disability.

Genocide

The planned and intentional destruction of a national, ethnic, racial, or religious group.

Minority Language Educational Rights (Section 23)

Right to education in English or French for minority language communities in provinces.

Official Languages of Canada (Sections 16–22)

French and English have equal status in government communications and services.