Law 12 Quiz - Charter Section 11-25 & 52

What is the purpose of the Reasonable Limits Clause (Section 1) in the Charter?

It allows for the limitation of rights and freedoms if those limitations are demonstrably justifiable in a free and democratic society.

Under what conditions might the Supreme Court uphold limitations on a person’s legal or civil rights?

The Court may uphold limitations if the government can justify that these limitations are "reasonable" based on Section 1 of the Charter.

What legal rights are protected under Sections 7-14 of the Charter?

Sections 7-14 protect the rights to life, liberty, and security of the person, as well as protection from arbitrary detention, rights during arrest, and the right to a fair trial.

How does Section 11 of the Charter protect individuals accused of an offense?

Section 11 guarantees the right to be informed promptly of the charges, the right to be tried within a reasonable time, and other specific rights to ensure fairness in legal proceedings.

What does Section 12 prohibit regarding treatment and punishment?

Section 12 prohibits “cruel and unusual treatment or punishment,” setting maximum sentences for crimes (e.g., a maximum of 14 years for arson).

How does Section 13 of the Charter protect witnesses in court?

Section 13 protects witnesses from self-incrimination, ensuring their testimony cannot be used against them in later court proceedings.

What right does Section 14 provide to individuals involved in legal proceedings?

Section 14 provides the right to an interpreter for anyone who does not understand the language of the court or is hearing impaired.

What protections against discrimination are established in Section 15 of the Charter?

Section 15 protects against discrimination based on race, national or ethnic origin, color, religion, sex, age, or mental or physical disability.

What does Section 16 of the Charter state about language rights in Canada?

Section 16 establishes English and French as the official languages, with equal status and rights in all governmental and parliamentary institutions.

What language rights are guaranteed under Section 17?

Section 17 ensures the right to use English or French in any debates or other parliamentary proceedings.

According to Section 18, what language requirement is imposed on the records of the Canadian Parliament?

Section 18 mandates that all statutes and records of the Parliament of Canada must be available in both English and French.

What rights do Section 19 and Section 20 of the Charter provide regarding language use in Canadian institutions?

Section 19 protects the right to use either English or French in courts established by Parliament, and Section 20 allows the public to communicate with federal institutions in either official language.

What does Section 23 ensure for minority language groups in Canada?

Section 23 protects the right of minority language groups to receive primary and secondary education in their own language.

How does Section 25 of the Charter protect the rights of Aboriginal peoples?

Section 25 guarantees that nothing in the Charter negates or diminishes existing rights or freedoms of Aboriginal peoples, including treaty rights.

What remedies are available under Section 24 and Section 52 of the Charter?

Section 24 allows individuals to seek remedies for rights violations, while Section 52 provides the authority to strike down, read down, or read in laws that conflict with the Constitution.

What is the significance of the Regina v. Fearon case?

Regina v. Fearon examined the legality of cell phone searches without a warrant, establishing that detailed records are necessary for such searches due to privacy concerns.

How did Regina v. Stinchcombe impact the disclosure of evidence in trials?

This case led to the Stinchcombe Test, which requires the Crown to disclose all relevant evidence to ensure fairness for the defense.

What issue did Dagenais v. CBC address, and what balance did it establish?

This case addressed the balance between the right to a fair trial and freedom of expression, particularly concerning publication bans to protect trial fairness.

In Regina v. Morgentaler, what rights conflict was examined?

This case focused on the conflict between the right to life and the right to personal security, especially in relation to abortion rights.

What precedent did Regina v. Mann set for searches during arrests?

Regina v. Mann allowed pat-down searches incident to arrest, balancing the need for police and public safety with the rights of the accused.

What was the result of the Quebec Superior Court ruling in 2022 on racial profiling?

The ruling condemned racial profiling of Black and Indigenous drivers by police, leading to policy changes across Canada to address discriminatory practices.

What interrogation issue does the Reid Technique raise under Charter rights?

The Reid Technique, used in interrogations, has been criticized for rights infringements under Section 12 due to its coercive tactics, which may lead to violations of protections against cruel treatment.