Unit 2: Charter Something Something

section 1

the reasonable limits clause
rights and freedom may be limited if it can be justified in a free and democratic society

R. V?

David Oakes was charged under the Narcotic Control Act, which included a reverse onus clause presuming intent to traffic based on possession. Oakes argued this violated his right to be presumed innocent under the Charter. 

The Supreme Court agreed, finding the clause violated the presumption of innocence. They then considered if it could be justified as a "reasonable limit" under section 1 of the Charter using the two-part Oakes test: a "pressing and substantial objective" and a "proportionality test". 

Habeas Corpus

a person has the right to report an unlawful detention or imprisonment

bill 101

#### is the common name for Quebec's Charter of the French Language, a landmark law passed in 1977 that established French as the sole official language of the province. Its main goal is to protect and promote the use of the French language in government, education, business, and commerce. 

bill 21

Bill 21 is a Quebec law that prohibits certain public sector employees, such as teachers, police officers, and judges, from wearing religious symbols like hijabs, turbans, and yarmulkes while on the job.

fundamental freedoms

Freedom of conscience and religion

Freedom of thought, belief, opinion, and expression

Freedom of peaceful assembly

Freedom of association

fundamental freedoms definitions 

• Freedom of conscience and religion:

  The right to hold any belief or no belief at all and to express that belief. 

• Freedom of thought, belief, opinion, and expression:

  The right to think and say what you believe, which includes freedom of the press and other media. 

• Freedom of peaceful assembly:

  The right to gather together for peaceful protests or demonstrations. 

• Freedom of association:

  The right to join groups and organizations, such as a club, union, or political party. 

section 7 legal rights

life, liberty, security of the person

section 8 legal rights

everyone has the right to be secure against unreasonable search and seizure

secion 9 legal rights

everyone has the rights not to be detention or imprisonment

section 10 legal rights

everyone has the right on arrest or detention:

a) to be imformed promptly of the reasons:
b) to retain and instruct counsel without delay and to be informed of that right
c)to have validity of the detention determined by the way of habeas corpus and to be released if the detention is not lawful

section 11 legal rights

criminal proceedings

section 12 legal rights

treatment or punishment

section 13 legal rights

self-crimination 

section 14 legal rights

right to an interpreter

section 3 charter rights

every citizen has the right to vote in a election of members of the house of commons or of a legislative assembly and to be qualified for membership therein.

section 4 and 5 charter rights

rules governing election terms and exceptions for the house of commons and legislatures

section 6 charter rights

• MOBILITY RIGHTS
  Right to travel: Canadian citizens have the right to enter, remain in, and leave Canada.

• Internal mobility: Canadian citizens and permanent residents have the right to move to and take up residence in any province, and to pursue a livelihood in any province, unless you plan on moving to alberta as a enginner

section 15 charter rights

equality rights 
Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, ethnic origin, color, religion, gender, age, mental or physical disability and (most recently) sexual orientation

oakes test

1. Pressing and substantial objective: The government must show that the objective of the law, policy, or action is sufficiently important to justify limiting a Charter right.

2. Proportionality: The government must prove that the means used to achieve the objective are proportional, a step that has three components:

   • Rational Connection: The measure must be carefully designed to achieve the objective and be rationally connected to it.

   • Minimal Impairment: The measure must impair the right or freedom as little as reasonably possible. The Supreme Court has since modified this to allow for a "reasonable margin" rather than a precise line.

   • Proportionality of Effects: The benefits of the limit must outweigh its harmful effects on the right or freedom. 

NCR

Persons that plead under NCR are considered not criminally responsible because of an account of mental disorder

sue rodriguez case

she couldn’t kill herself so she wanted an medically assisted death instead leading to the creation of MAID and causing an major charter issue.

robert latimer

robert latimer wanted a bad law to be removed because he wanted to removed minimum sentences in canada.

section 33

the notwithstanding clause allowed governments to enact or maintain laws not withstanding the fact they might violate rights and freedoms