What's that Charter Section?
If you are "upwardly mobile" you may wish to use this section of the Charter
What is section 6 - Mobility rights - which guarantees the right of every citizen to enter, remain in and leave Canada; and allows every citizen and permanent resident to move to and take up residence in any province and to pursue a livelihood in any province
This provision of the Constitution protects Aboriginal and Treaty rights
What is section 35 of the Constitution Act 1982
This section of the Constitution Act, 1982 provides that the Constitution of Canada is the supreme law of Canada and any law that is inconsistent with the Constitution is, to the extent of the inconsistency, of no force or effect
What is s. 52(1)
This section guarantees equality before and under the law and the right to equal protection and equal benefit of the law without discrimination
What is section 15
This section was considered in the 2016 R v. Jordan decision
What is s. 11(b)
The four original founding provinces of Canada.
What is Ontario (Upper Canada), Quebec (Lower Canada), Nova Scotia, and New Brunswick?
This Treaty Number covers the entire northern part of Alberta
What is Treaty Number 8, signed at Lesser Slave Lake in 1899
This Charter section provides that anyone whose Charter rights or freedoms have been infringed may apply to a court of competent jurisdiction for a remedy that is appropriate and just in the circumstances
What is section 24(1)
This paragraph is often used by labour unions to defend their right to collectively bargain
What is s. 2(d)
This section was relied upon by the SCC in the Carter v. Canada decision that legalized medical assistance in dying (MAID)
What is s. 7
This section guarantees that citizens of Canada whose first language learned and still understood is English or French have the right to have their children receive schooling in that language
What is section 23
This western Province is almost entirely void of any historical treaties
What is British Columbia - it has Aboriginal rights but few Treaty rights
This remedy provides the Court the ability to strike down only part of a statute that offends the Constitution
What is severance?
This section of the Charter sets out which types of entities the Charter applies to
What is section 32 (the Charter applies to Parliament and the provincial legislatures, and all matters with their authority)
This section guarantees against unreasonable search or seizure
What is section 8
The budget for champagne in the first constitutional conference in 1864 (which led to the initial draft outline for the British North America Act, 1867)
What is $200,000? (Or approximately $8,600 per delegate).
This 1990 Supreme Court of Canada case sets forth a process for justifying an infringement of an Aboriginal or Treaty right. (It is also a small bird.)
What is Sparrow - in order to pass the Sparrow test, there must be an infringement, the legislation must interfere with the right, and the infringement must be justified.
This remedy allows the Court to add words to a statute to make the statute consistent with the Constitution.
What is reading in?
These two sections allow the government to pass laws that potentially infringe the Charter
What is section 1 (Charter guarantees the rights and freedoms set out subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free a democratic society); and s. 33 (government may expressly declare in a law that the law shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of the Charter).
This paragraph guarantees the right to be informed without delay about being able to contact a lawyer when being charged with an offence
What is section 10(b)
This section to speaks to the commitment to reduce regional inequality and disparity and to provide essential public services of reasonable quality to all Canadians.
What is section 36
This SCC decision held that the process of developing and passing legislation does not trigger the duty to consult
What is Mikisew Cree First Nation v Canada, 2018 SCC 40
This remedy allows the Court to give time to the government to cure an offending provision of a statute.
What is a temporary suspension of invalidity - finding the statute invalid but suspending the declaration of invalidity for a period of time.