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24 Cards in this Set
- Front
- Back
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Reasonable Limits Clause
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the provision in the charter stating that charter rights and freedoms are not absolute, so they can be limited if there is justification
S-1 |
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Burden of Proof
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the onus of brining forth proof. (innocent until proven guilty) R vs Oakes
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Rights and Freedoms
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legal entitlements that people can expect from the government
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Democratic Right
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the right of citizens to vote
Section 3-5 |
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Entrenched
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A law that is firmly established and would be difficult to change
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Mobility rights
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the right to enter and leave canada and provinces of canada
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Legal rights
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Rights that protect personal and privacy rights and safeguard procedural rights in the criminal justice system
section 7-14 |
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Remedy
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the way a wrongdoing is fixed
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Stay of proceedings
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a court order to stop the trial proceedings until a certain condition is met
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Equality rights
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protection from discrimination
Section 15 |
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Language rights
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protection of provinces and all of canada's official languages
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Aboriginal rights
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the guarantee of the rights and freedoms of the aboriginal peoples of Canada. (Entrenched)
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Infringed
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and agreement or right that has been broken
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Judicial activism
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When judges put their own personal views and values into their court judgements
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Strike down
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to rule in court a law invalid and no longer in affect
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read down
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to rule in court that a law is acceptable but one aspect of it is invalid and thus removed
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read in
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to add a term to a law that changes the law but still allows the law to be unconstitutional
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Main sections of the charter
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S. 1 - Reasonable Limits Clause
S. 2 - Fundamental Freedoms S. 3 to 5 - Democratic Rights S. 7 to 14 - Legal Rights S. 15 - Equality Rights S. 25 to 31 - General Rights S. 32 to 33 - Application of the Charter |
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Ford V Quebec
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-Bilingual signs were banned
-5 store owners were prosecuted -appealed -bill 178 was unconstitutional -section 2: everyone has freedom of thought and expression |
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R V National Post
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-Section 2: freedom of thought and expression
-Section 8: Unreasonable search and seizure -immunity of a informant in a case against the government |
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R V Oakes
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-Innocent until proven guilty
-section 11b |
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R V Morgentaler
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-Abortion clinic
-Abortion law violating women's rights laws about freedoms of the body -section 7 |
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R V Golden
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-Searching up a guys but in a public setting
-Section 8: unreasonable search and seizure |
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R V Keegstra
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-anti semetic teacher
-got fired 4 hatin on them jews -section 2 and 11 -was not upheld |
