Chapter 6: The Charter and Quasi-constitutional Laws

These flashcards cover the key concepts related to the Canadian Charter of Rights and Freedoms, limits to rights, quasi-constitutional laws, and human rights codes based on the provided lecture notes.

Canadian Charter of Rights and Freedoms

The part of the Constitution that guarantees basic rights and freedoms and can prevent abuse and unfairness in administrative actions.

Section 1 of the Charter

States that Charter rights and freedoms are subject to reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Notwithstanding Clause (Section 33)

Allows Parliament and provincial legislatures to override certain rights and freedoms provided by the Charter.

Quasi-Constitutional Laws

Laws that rank above ordinary administrative law but below the Constitution, embodying important rights and freedoms.

Freedom of Information and Protection of Privacy Statutes

Laws requiring governments to provide public access to records while protecting personal information.

Human Rights Codes

Codes that prohibit discrimination and harassment on specific protected grounds enforced by government agencies.

Section 7 of the Charter

Guarantees the right to life, liberty, and security of person.

Administrative Decision-Makers

Individuals or bodies making decisions within administrative law who must act consistently with Charter values.

Oakes Test

A legal test used to determine whether a law that limits Charter rights can be justified under Section 1.

Rights and Freedoms

Categories of rights included in the Charter, such as political rights, mobility rights, and legal rights.

Section 24(1) of the Charter

Allows individuals to challenge actions that violate Charter rights.

Section 52(1) of the Constitution Act, 1982

Allows courts or tribunals to declare laws unconstitutional, rendering them void.

Employment Equity

The elimination of under-representation of designated groups in the workplace.

Harassment in Human Rights Codes

Prohibited actions such as vexatious comments or conduct directed against individuals based on protected grounds.

Concurrent Jurisdiction

When two or more courts or tribunals have authority in a legal matter.

Positive Obligations under the Charter

The Charter does not require the government to take steps to give individuals new rights or benefits.

Section 9 of the Charter

Provides protection against arbitrary detention.

Section 14 of the Charter

Affords the right to an interpreter for parties who do not speak the language used in proceedings.

Rights available in penal matters

Rights such as protection against arbitrary detention and rights against self-incrimination.

Language Rights in the Charter

Rights to speak and be spoken to in the language of choice, primarily in official contexts.

Legal Rights in the Charter

Rights that protect individuals in legal contexts, including fairness and due process.