charter of rights

What is Section 1 of the Charter?

Reasonable limits; rights can be limited if it is justifiable in a free and democratic society.

What is the landmark case associated with Section 1?

R v. Oakes.

What is the Oakes test?

Used to determine if a law that limits individual rights is justifiable.

What is the criteria of the Oakes test?

The law enforces an important government objective, puts minimal limitation on individual rights, is clear and sets precise standards.

What is Section 2 of the Charter?

Fundamental freedoms; everyone has the right to conscience and religion, thought and expression, peaceful assembly, and association.

What do Sections 3-5 of the Charter cover?

Democratic rights.

What is Section 3 of the Charter?

Everyone has the right to vote.

What is Section 4 of the Charter?

No legislative body shall continue longer than 5 years from its election.

What is Section 5 of the Charter?

There must be a sitting of Parliament and of each legislature at least once every 12 months.

What is Section 6 of the Charter?

Mobility rights; every citizen of Canada has the right to move and pursue a livelihood in any province.

What do Sections 7-14 of the Charter cover?

Legal rights.

What is Section 7 of the Charter?

Everyone has the right to life, liberty, and security.

What is Section 8 of the Charter?

Everyone has the right to be secure against unreasonable search and seizure.

What is Section 9 of the Charter?

Everyone has the right not to be arbitrarily detained or imprisoned.

What is Section 10 of the Charter?

Upon arrest everyone has the right to be informed of the reason, attain and be informed of the right to counsel, to be released if the detention is unlawful.

What is Section 11 of the Charter? (put on cheat sheet)

Rights of a person charged with an offence.

What is Section 12 of the Charter?

Everyone has the right not to be subjected to cruel and unusual treatment or punishment.

What is Section 13 of the Charter?

A witness has the right not to have their testimony used against them in another proceeding.

What is Section 14 of the Charter?

The right to an interpreter in a proceeding for those who are deaf or do not understand the language.

What is Section 15 of the Charter?

Equality rights; every individual has the right to equal protection and benefit under the law without discrimination.

What do Sections 16-23 of the Charter cover?

Official languages of Canada; covers the status, rights, uses, and privileges of English and French.

What is Section 16 of the Charter?

English and French are the official languages of Canada and have equality of status, rights, and privileges.

What is Section 23 of the Charter (relevant to Mahe v Alberta)

The right of citizens of Canada to have their children receive primary and secondary school instruction in the language of English or French.

When does Section 23 apply?

When the number of children is sufficient to warrant the provision and have it provided out of public funds.

What is Section 24 of the Charter?

Remedies; anyone whose Charter rights have been infringed may apply to obtain remedy as the court considers appropriate.

What does Section 24(2) say?

Evidence that was obtained in a manner that infringed on fundamental rights shall be excluded if admission of it would bring the administration of justice into disrepute.

What is Section 25 of the Charter?

Charter rights shall not be constructed to derogate from any rights pertaining to Indigenous people.

What is Section 26 of the Charter?

The Charter shall not deny the existence of any other rights or freedoms that exist in Canada.

What is Section 27 of the Charter?

The Charter shall be interpreted in a manner consistent with the preservation of multicultural heritage of Canadians.

What is Section 28 of the Charter?

The rights and freedoms referred in the Charter are guaranteed equally to male and female persons.

Which landmark case is associated with Section 27 of the Charter (multicultural heritage)?

NS v. Canada.

What is Section 33 of the Charter?

Notwithstanding clause; Parliament or provincial legislature may declare a provision as operable notwithstanding the Charter.

What does the notwithstanding clause mean?

The government may bypass the Charter and keep a law in place even if the courts deem it unconstitutional.

What rights may the notwithstanding clause be applied to?

Sections 2 and 7-15 of the Charter.

What is the landmark case associated with Section 33 of the Charter?

Ford v Quebec.

What is the Declaration of Independence (1776)

Proclaimed during the American Revolution; a statement of principles of natural and legal rights, not framework for government systems.

What are natural rights according to the Declaration?

Universal and inalienable rights that cannot be restrained by human laws; not based on particular customs or beliefs.

What are legal rights according to the Declaration?

Rights provided to citizens by a legal system that can be given, modified, or repealed.

What was the US Constitution (1787) focussed on?

Limiting the powers of the federal government to protect unalienable rights.

Why was the Bill of Rights (1791) created?

Added to the constitution to protect rights citizens believed were naturally theirs.

What were the rights and freedoms later added to the constitution called?

Amendments.