Canadian Charter of Rights and Freedoms Overview

A set of vocabulary flashcards covering key concepts related to the Canadian Charter of Rights and Freedoms and related human rights topics.

Canadian Charter of Rights and Freedoms (CCRF)

Part of the Constitution Act, 1982 that outlines rights and freedoms guaranteed to individuals in Canada.

Substantive Rights

Rights that guarantee specific freedoms or benefits to individuals and protect them from government action.

Procedural Rights

Rights that guarantee the processes by which substantive rights are enforced and upheld.

Reasonable Limits Clause

Section 1 of the Charter that permits rights to be limited if such limitations are justified in a free and democratic society.

Oakes Test

A legal test established in R v. Oakes (1986) to determine if a Charter rights violation is justified under Section 1.

Habeas Corpus

A legal principle that protects against unlawful detention by ensuring a person can seek a court review of the legality of their arrest.

Double Jeopardy

The legal principle that prohibits an individual from being tried for the same crime twice.

Official Languages of Canada

Recognizes that French and English have equal status in Canada, ensuring access to government services in both languages.

Minority Language Educational Rights

Rights that guarantee educational instruction in one's minority language, as outlined in Section 23 of the Charter.

Notwithstanding Clause

Section 33 of the Charter that allows governments to override certain Charter rights under specific circumstances.

Judicial Activism

A judicial philosophy that asserts the judiciary should play an active role in upholding constitutional rights and may strike down laws.

Fundamental Freedoms

Basic freedoms guaranteed under Section 2 of the Charter, including freedom of religion, expression, assembly, and association.

Mobility Rights

Rights allowing individuals to enter, remain in, and leave Canada, as well as to move and work in any province.

Equality Rights

Rights that guarantee equal treatment under the law, regardless of race, gender, age, or other characteristics as specified in Section 15.

Universal Declaration of Human Rights (UDHR)

A milestone document adopted by the UN in 1948 that outlines the fundamental human rights to be universally protected.

United Nations Declaration on the Rights of Indigenous Peoples (UN DRIP)

A framework established to protect the rights of Indigenous peoples, adopted by the UN in 2007.

Systemic Discrimination

Discrimination ingrained within societal structures or institutions that leads to unequal treatment and outcomes.

Genocide

The planned and intentional destruction of a national, ethic, racial, or religious group.