Canadian Charter of Rights and Freedoms Review

These flashcards cover essential terms and definitions related to the Canadian Charter of Rights and Freedoms, focusing on historical context, rights, freedoms, specific sections, and key legal cases.

Canadian Charter of Rights and Freedoms (CCRF)

A part of Canada's Constitution that came into effect in 1982 to protect individual rights and freedoms.

Constitution Act (1867)

Established the framework for Canadian governance and joined British North American provinces to form Canada.

Bill of Rights (1960)

Legislation that protected certain rights like freedom of speech and religion, but did not allow constitutional amendments without the Queen's consent.

Constitution Act of 1982

Included the Charter of Rights and Freedoms and gave Canada the ability to amend its own constitution.

Rights

Legal privileges protected by law, such as the right to vote and the right to free speech.

Freedoms

Forms of behavior or actions that cannot be legally interfered with by authorities, like freedom of expression.

Section 1 of the CCRF

Guarantees rights and freedoms subject to reasonable limits prescribed by law in a free and democratic society.

Fundamental Freedoms (Section 2)

Includes freedom of conscience, religion, thought, opinion, peaceful assembly, and association.

Democratic Rights (Sections 3-5)

Guarantee rights such as voting rights, and oversight of the Parliament's duration between elections.

Mobility Rights (Section 6)

Allows citizens to enter, remain in, leave, and move within Canada.

Legal Rights (Sections 7-15)

Rights related to personal safety, fair trial, and protection against arbitrary detention.

Equality Rights (Section 15)

States that every individual is equal before the law and prohibits discrimination.

Not Withstanding Clause (Section 33)

Allows governments to temporarily override certain sections of the Charter.

Anti-Terrorism Act

A 2001 law that expanded government powers post-9/11, raising concerns over Charter compatibility.

Case of Abousfian Abdelrazik

Involved a Sudanese-Canadian citizen who was denied re-entry to Canada despite being cleared of terrorism charges.