charter

What is the Charter of Rights and Freedoms?

A part of Canada’s Constitution (1982) that protects rights and freedoms of all Canadians.

What is the main purpose of the Charter?

To expand and protect the rights and freedoms of people in Canada.

What makes the Charter difficult to change?

It is the supreme law and requires Parliament and 2/3 of provinces with at least 50% of the population to amend it.

What is one disadvantage of the Charter?

It gives the judiciary more power than elected legislatures in some cases.

What does the Charter preamble say?

“Canada is founded upon principles that recognize the supremacy of God and the rule of law.”

What are the four steps in a Charter case analysis?

1. Does the Charter apply? 2. Has a right been infringed? 3. Is the limit reasonable (Section 1)? 4. Is there a remedy?

What is Section 1 of the Charter?

The Reasonable Limits Clause – rights and freedoms are not absolute and can be limited if justified.

What is an example of a right under Section 1?

Freedom of expression or association may be limited for safety or public interest.

What is Section 33 of the Charter?

The Notwithstanding Clause – lets governments pass laws that override certain Charter rights.

What is a real-world example of Section 33 being used?

Quebec’s Bill 101 (language law).

What does Section 2 protect?

Fundamental freedoms like religion, expression, peaceful assembly, and association.

What is freedom of conscience and religion?

The right to believe in and practice any religion or none at all.

What is freedom of expression?

The right to speak, write, or express your ideas freely (with limits).

What is freedom of peaceful assembly?

The right to gather in groups for protests or meetings.

What is freedom of association?

The right to join groups like unions or clubs.

What do Sections 3–5 guarantee?

Democratic rights like voting, elections, and government accountability.

What does Section 6 guarantee?

Mobility rights – the right to move, live, and work anywhere in Canada.

Can provinces limit mobility rights?

Yes, they can cap workers from other provinces if jobs are scarce.

What do Sections 7–12 cover?

Legal rights like protection from unlawful arrest, search, or interrogation.

What happens if legal rights are violated?

Evidence may be thrown out or a remedy may be given by the court.

What does Section 15 guarantee?

Equality rights – protection from discrimination based on race, sex, age, etc.

What do Sections 16–22 cover?

Language rights – English and French are official languages of Canada.

What does Section 23 guarantee?

Minority language education rights – provinces can offer education in a minority language.

What does Section 24 allow?

People can go to court if they believe their Charter rights were violated.

What does Section 52 state?

The Constitution is the highest law; laws that go against it are invalid.

intra vires

inside the rules

extra virus

outside the rules