Chapter 1 Notes: Canadian Charter of Rights and Freedoms - Vocabulary Flashcards

Vocabulary flashcards covering key terms, rights, and landmark cases from the Canadian Charter of Rights and Freedoms as discussed in the lecture notes.

Canadian Charter of Rights and Freedoms

Canada's constitutional document that enshrines the rights of individuals present in Canada and guides how laws are applied and how the justice system operates.

Fundamental freedoms

Core rights guaranteed to all Canadians: conscience and religion, thought/belief/opinion/expression, peaceful assembly, and association.

Freedom of conscience and religion

Right to hold beliefs and to practice religion without government interference.

Freedom of thought, belief, opinion, expression

Right to think freely and to express ideas and opinions.

Freedom of peaceful assembly

Right to gather peacefully for demonstrations or meetings.

Freedom of association

Right to join or form associations, clubs, or unions.

Section 7

Right to life, liberty, and security of the person; applies to individuals in Canada dealing with the justice system.

Section 8

Protection from unreasonable search or seizure; police must have a warrant or reasonable grounds.

Section 9

Protection from arbitrary detention; detention must have a valid, specific reason and be explained.

Section 10

Right to legal counsel and habeas corpus; upon arrest you have the right to speak to a lawyer and to be informed of your rights.

Habeas corpus

Right to be brought before a judge promptly to determine the legality of detention.

Section 11

Rights related to criminal proceedings, including timely trial and other protections; includes the presumption of innocence context.

Presumption of innocence

The accused is presumed innocent until proven guilty beyond a reasonable doubt, with the Crown bearing the burden to prove guilt.

Section 12

Right not to be subjected to cruel or unusual punishment.

Section 13

Right against self-incrimination; right to remain silent; statements to law enforcement can be used against you only under certain rules.

Section 14

Right to an interpreter in court proceedings for those who need language assistance.

Full disclosure

Crown’s duty to disclose all relevant evidence to the defense before trial, to ensure a fair trial.

R. v. Stinchcombe (1991)

Supreme Court of Canada decision establishing the Crown’s duty to disclose all relevant evidence to the defense prior to trial.

R. v. Jordan (2016)

Supreme Court ruling setting time limits for trials: no more than 18 months in provincial court and 30 months in superior court from arrest to completion; stays of proceedings if exceeded.

R. v. Taylor (blood sample case)

Case illustrating s.10 rights where police failed to provide access to a lawyer before obtaining blood samples; led to exclusion of evidence and overturning of conviction.