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When was the Charter of Rights and Freedoms enacted
1982
What does entrenched in the Constitution mean?
Why was the Charter enacted
what did the CCRF replace
it effectively replaced the Bill of Right that was made in 1960.
What is the process of bringing home the constitution from Britan
What is the BNA act and what was wrong with it
when can became a cont we got our own gov but we still had to follow the Britain then 20 yrs late in 1982 tehy added to it and tehy added the CCRF
What is the story of the charter and what came before it
A RIGHT is _____
A RIGHT is a legal, moral, or social expectation that Canadians are entitled to from the government.
A FREEDOM is _____
A FREEDOM is the opportunity to live your life without interference from the government unless you infringe on the freedoms of others.
A RESPONSIBILITY is ______. This goes hand in hand with CITIZENSHIP.
A RESPONSIBILITY is your duty to do something. This goes hand in hand with CITIZENSHIP. This would include not violating others’ rights and freedoms.
Rights, Freedoms, and Responsibility
Eg: You have the right to vote, you have the freedom to vote for whoever you want, but you also have the responsibility to vote.
Eg:Â You have the right to equality, have the freedom of belief, but have the responsibility to not discriminate others based on religion
protected Rights and Freedoms Under the Charter
Amendments
Change
What is the main point of having the Charter
the charter regulates the governments to protect the people
what is the supreme court for
The Supreme Court of Canada is the highest court in the country, responsible for interpreting the law and ensuring justice is upheld, including the protection of rights under the Charter.
Section 1 of the charter
Section of the charter that says the supreme court can limit rights in other sections of the charter
Reasonable limit
there is a process to the limitation that needs to be looked over it is called the oaks test
-Oaks test——Can we apply this restriction….Does it make sense? The supreme court has to show people that they have created thiis law that specifically addresses a pressing and substantial objective and that the means chosen are reasonable and demonstrably justified in a free and democratic society.
Are the laws subject to change
In some cases, yes.
Oakes test
legal standard used by the Supreme Court of Canada to determine whether a law that limits rights can be justified under Section 1 of the Canadian Charter of Rights and Freedoms.
What is the notwithstanding clause? Why is it important?
freedom of association
infringement
interfereing with laws usually related to rights protected by the Canadian Charter of Rights and Freedoms.
-”they infriged the laws”
What is hate speech?
Hate speech is any language that attacks or discriminates against someone based on their race, religion, gender, or other personal characteristics. It can encourage violence or hatred towards those groups.
Hate speech in private conversation
they cant be arrested for hate speech in private
Canaidiens have the right to move freely within the country anf enter or remain in canada.
they affect those who want to move from one province to another in order to seek employment
they allow people to go anywhere to seek opportunities in their field of expertise
in some professions (ex teaching and law) the applicant must reach the required standards of the province they are moving to in order to work there.
Legal rights
what are the fundamental freedoms
what do legal rights do
what do equality rights do
protect EVERYONE from discrimination (race, ethnicity, religion, gender, identity, age, mental or physical disability)
prejudice
having a bias
unfair dislike to an individual due to characteristics ex race, religion
stereotype
overgeneralized belief many people have about a group of ppl, which may be untrue
discrimination
privilege
what does discrimination look like
racist or hurtful name-calling
leaving you out on purpose
teasing or tasteless jokes
treating you badly or unfairly
physical violence
Not respecting your identity or beliefs