Human Rights & Government Flashcards

Flashcards for Unit 2 Review: Human Rights & Government

What are the three branches of government and their roles?

Legislative, Executive, and Judicial. The Legislative branch makes laws, the Executive branch enforces laws, and the Judicial branch interprets laws.

What former documents helped form Canada’s current constitution?

British North America Act, Statute of Westminster

What were two significant outcomes from the signing of the Constitution Act 1982?

It entrenched the Charter of Rights and Freedoms in the Constitution. It established a formula for amending the Constitution.

What are the limitations of the CCRF?

Section 1 of the Charter allows for reasonable limits on rights and freedoms. The Charter only applies to government action.

What is the difference between the Canadian Bill of Rights and CCRF?

The Canadian Bill of Rights is a federal statute, while the CCRF is part of the Constitution. The CCRF has broader application and greater legal force.

What is the Oakes test and how is it applied?

A test used by courts to determine whether a Charter right has been legitimately limited by the government. It requires the government to demonstrate that the limitation is prescribed by law, pursues a pressing and substantial objective, and is proportionate.

What is racial profiling and give an example of how it impacts searches and arrests?

The discriminatory practice by law enforcement officials of targeting individuals for suspicion based on their race, ethnicity, religion or national origin. This can lead to disproportionate stops, searches, and arrests of members of minority groups. For example, a black individual may be stopped by the police when driving in a certain area.

Why is it critical to separate judicial and legislative powers?

To prevent abuse of power and protect individual liberties. Separation ensures no one branch becomes too powerful.

How have certain groups of people met barriers to receive equality in human rights?

Indigenous peoples, women, racial and ethnic minorities, and people with disabilities.

Using the example for the Lobster Fishery, explain the balancing act between minority and majority rights.

Minority rights should be balanced with the interests of the majority, as seen in the lobster fishery example. Treaty rights of Indigenous peoples must be respected.

R. v. MRM

Landmark Supreme Court case regarding the use of evidence obtained through unreasonable search and seizure. Established criteria for admissibility of evidence.

R. v. Drybones

Deals with freedom of religion.