Canadian Charter of Rights and Freedoms: Key Definitions and Analysis

Burden of proof

The duty of providing proper evidence in court to support an individual's legal argument.

Violation of accused's rights remedy

Request for a remedy, such as the exclusion of evidence obtained through rights infringement.

Police pat-down searches

Should generally not be allowed without a valid reason, but can be necessary for safety.

s.9 Charter rights

Right not to be arbitrarily detained or imprisoned.

Meaning of 'arbitrary'

Used when there is no justified reason for detention.

Witness protections in court

Protection against self-incrimination and provision of interpreters.

Use of witness evidence in court

Cannot be used if false, otherwise protected from self-incrimination.

Democratic rights

Rights in sections 3, 4, and 5 depicting a citizen's right to vote and the requirement for elections every 5 years.

Entrenched

When something is firmly fixed or secured in law.

Equality rights

Protection against discrimination of race, ethnicity, age, etc., as demonstrated in section 15 of the Charter of Rights.

Fundamental freedoms

Includes freedom of conscience and religion, thought, belief, opinion, expression, peaceful assembly, and association.

Infringed

When an individual breaks a law or agreement.

Legal rights

Used to protect and retain privacy rights and procedural rights in the criminal justice system.

Mobility rights

Allow Canadian citizens to live and work in any province and leave and remain in Canada at any time.

Notwithstanding clause

Section 33 of the Charter allowing the government to override certain laws and violate rights in the Charter.

Reasonable limits clause

Section 1 of the Charter allowing the government to limit charter rights if it has a plausible reason.

Remedy

A form of payback provided by the government for a wrongdoing committed against an individual.

Rights and freedoms

Human rights and freedoms provided by the government to ensure safety and equality within society.

Stay of proceedings

A ruling placed by the court until certain conditions are met during court proceedings.

Language rights

Sections 16-22 of the Charter protecting the official languages within Canada, English and French.

Strike down

Occurs when a law is removed or no longer in effect.

Read down

Occurs when a law is accepted in court, but a certain section is removed or not accepted and has to be changed.

Read in

Occurs when additional information or restrictions are added to a law, but it is still accepted as constitutional.

Judicial activism

Occurs when judges inject their personal views into court.

Aboriginal rights

Section 24 of the Charter giving Indigenous people rights such as fishing, hunting, self-governance, and court representation.

Four steps in analyzing a Charter case

Determine if the charter applies, if a right or freedom was infringed, if reasonable limits are sensible, and if the charter endorses the affected individual.

Reasonable Limits Clause purpose

Allows the government to limit a right under the Charter if its reason is justified.

Freedom of expression limitations

Can be limited if promoting hate speech, as justified under the Reasonable Limits Clause.

Two-part test for freedom of religion violation

Determines if the practice truly relates to the religion and if the practice is being restricted.

Multani's kirpan allowance

Allowed due to its significance in Orthodox Sikh religion and as a protection of freedom of religion.

Quebec Court of Appeal decision on Multani's kirpan

Unanimously decided that the restriction violated his freedom of religion.

Importance of protecting freedom of religion

Necessary to maintain multiculturalism and trust in the government.

Four fundamental freedoms in the Charter

Freedom of Conscience and Religion, Thought, Belief, Opinion, Expression, Peaceful Assembly, and Association.

Limits on freedom of peaceful assembly

Charges for rioting if the assembly becomes chaotic or violent.

Three democratic rights guaranteed by the Charter

Right to vote, requirement for elections every 5 years, and mandatory parliamentary sittings.

Mobility rights for Canadian citizens and permanent residents

Apply equally to all citizens, allowing them to enter, leave, or remain in Canada and take up livelihood in any province.

Use of s.7 of the Charter for proper disclosure

Supports proper disclosure during a criminal trial by shutting down cases with evidence obtained through illegal actions.

Reasonable search definition

Justified search with proper reasons under Section 8 of the Charter.

Remedy for unreasonable search under s.8 of the Charter

Disregard or prevention of evidence from being shown in court.

Difference between detention and arrest

Detention is a limited freedom, while arrest is based on evidence of committing a crime.

Rights under s.11 of the Charter when charged with an offence

Right to be informed, to a fair trial, to decline as a witness, to be innocent until proven guilty, and to be bailed out.

Rights under s.12 of the Charter

Right not to be tortured or treated with unusual punishment.

Grounds of discrimination in the Charter

Protection against discrimination based on race, sex, religion, etc.

Additional grounds of discrimination in s.15

Protection against discrimination of sexual orientation.

Language rights in the Charter

Protection of English and French as official languages, minority language education rights, and multicultural rights.

Guarantee of s.23 of the Charter

Right to have children taught in educational institutions in their primary language.

Guarantee of s.25 of the Charter

Protection of Indigenous rights and recognition of treaties.

Indigenous groups under aboriginal rights

First Nations, Metis, and Inuit.

Protection of s.27 of the Charter

Recognition and protection of multiculturalism within Canada.