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21 Cards in this Set
- Front
- Back
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The Charter |
-Part of the Constitution Act 1982 (CA82) -Considered most important part of CA82 -lists all civil rights and freedoms enjoyed by all Canadians in all levels of government -Called "Supreme Law of the Land" -federal govt backing, 2/3 of provinces, and 50% of cdn votes required to change something in the Charter |
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Section 1 |
Reasonable Limits Clause - your charter rights are not 100% guaranteed - certain laws can set limits on rights/freedoms if justified in a democratic society |
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Section 2 |
Fundamental Freedoms -a) Freedom of Conscience and Religion -b)Freedom of thought,belief, opinion expressin -c) Freedom of peaceful assembly -d) Freedom of association |
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Section 3 |
States that every citizen of Canada has the right to vote in federal or provincial elections |
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Section 4 |
States that no federal or provincial government can last for more than 5 years without an election called |
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Section 5 |
States that federal and provincial governments must have a sitting at least once a year |
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Section 6 |
Mobility Rights - Every Cdn citizen has the right to enter, leave or remain in Canada - Permanent residents have the right to enter or remain in Canada as long as immigration laws are followed -Provinces with lower than average employment rates can enact restrictions on mobility rights |
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Section 7 |
Legal Rights - These rights protect people who are charged or suspected of a crime -Everyone has the right to life, liberty and security - Example includes Crown attorneys having to tell an accused and their lawyer what evidence. - Abortion laws were considered unconstitutional because they violated section 7 of the charter |
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Section 8 |
Search and Seizure - Everyone has the right to be secure against an unreasonable search and seizure - Police must have reasonable grounds that a crime has been or is about to be committed. - Evidence obtained in an illegal search is usually thrown out in court. |
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Section 9 |
Detention and Arrest - Everyone has the right not to be arbitrarily detained - Roadside checkstops have been deemed legal |
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Arbitrarily |
not having a good reason for restricting someone's movement |
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Section 10 |
Rights Upon Arrest or Detention - Right to be informed of the reasons for arrest - Right to consult a lawyer within reasonable amount of time - |
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Section 11 |
Rights at Trial -a) to be informed of what you are charged with -b) to be tried within a reasonable time -c) not to be forced to take witness stand -d) innocent till proven guilty -e) not to be denied bail without cause -f) choice of trial by jury or judge -g) if found not guilty not to be tried again for the same offence |
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Section 12 |
Protection from Cruel or Unusual Punishment - If guilty judge must make sure your punishment isn't cruel or unusual when sentencing. - Punishment must fit crime - There are both maximum and minimum sentences for crimes |
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Section 13 |
Protection from Self Incrimination - Protects witnesses who testify in court from having the evidence they give used against them in later court proceedings. Does not apply if you perjure yourself |
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Section 14 |
Interpreter Rights - Right to an interpreter at court - Interpreter must be exact |
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Section 15 |
Equality Rights - cannot be discriminated against for race, ethnicity, colour, religion, sex, age disability, sexual orientation. |
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Section 52 |
Constitution is most powerful law in Canada Charter is part of constitution any law against constitution has no power (except for section 1 laws) |
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Section 32 |
-Details matters the Charter does/doesn't cover -Charter DOES protect ur rights and freedoms from being violated by governments -Charter DOES NOT protect ur rights in disputes between individuals -A court can only here a case that falls under the authority of the govt to legislate (Intravires) |
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Section 33 |
Notwithstanding Clause - Allows provincial govt to enact legislation in spite of Charter rights. - Anytime this section is used the law is only valid for 5 years. -Cannot be used on right to vote, mobility rights, or language rights. |
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Section 24 |
-If any charter rights have been violated you can apply to a court to reach a solution -If courts decide ur rights were violated they have 3 options 1. Strike Down the law -- becomes useless 2. Read down the law -only certain part removed 3. Read in the law -- add a term to the law |
