Charter of Rights and Freedoms

A set of vocabulary flashcards summarizing key concepts related to the Charter of Rights and Freedoms, including definitions and significant court cases.

Section 32(1)

Determines if the Charter applies to government actions.

Control Test

The test used to determine the extent of government control over a body, as established in McKinney v. U of G and Douglas College.

Notwithstanding Clause (Section 33)

Allows governments to override certain Charter rights for a period of 5 years.

R. v. Big M Drug Mart (1985)

Case that defines the scope of freedom of religion under Section 2(a).

Syndicat Northcrest v. Amselem

This case established a two-part test for religious freedom: sincere belief and significant interference.

Irwin Toy Ltd. v. Quebec (1989)

Established the expression analysis for freedom of expression under Section 2(b).

Content Neutrality

The government cannot ban expression based on its content, as established in R. v. Keegstra.

R. v. Tessling

Governs analysis under Section 8 regarding reasonable expectation of privacy.

Oakes Test

A two-stage test to determine if a Charter infringement is justified under Section 1.

Principles of Fundamental Justice

Legal principles considered essential for fair legal processes, including non-arbitrariness and proportionality.

Reasonable Expectation of Privacy (REOP)

An expectation that society recognizes as objectively reasonable in the context of search and seizure.

Minimal Impairment

The requirement that any law limiting rights must impair those rights no more than necessary to achieve its objective.

Proportional Effect

The benefits of a law must outweigh the negative impacts of limiting a right.

Life under Section 7

The interest in continuing to live; includes rights surrounding death.

Liberty under Section 7

Personal autonomy including freedom from physical restraint and state interference.

Security of the Person

Protection from serious state-caused psychological or physical harm.

Hunter v. Southam

Requires judicial authorization and reasonable grounds for lawful searches.

R. v. Keegstra

Affirms that hate speech is a form of expression but can be limited under Section 1.

R. v. Morgentaler

Criminal abortion laws violated women's right to security of person under Section 7.

Carter v. Canada (2015)

Recognized the right to die with dignity (physician-assisted death) under Section 7.

Kwan v. British Columbia (2017)

Spiritual claims must show actual interference with practice, not belief alone.