Sections of the Charter
This section focuses on mobility rights, meaning you have the right to move around within Canada, leave the nation, and come back
What is section 6 of the Charter?
This allows governments to enact legislation in spite of the fact that it may violate rights and freedoms
What is the notwithstanding clause?
During the start of this class, we discussed a teacher who taught students information not found in the curriculum, and was charged with violating this section of the charter
What is Section 2?
The most powerful law in all of Canada
What is the Constitution?
Section 10 of the Charter guarantees all individuals of this right when being arrested
What is the right to be informed of the reason for their arrest?
Democratic Rights are the dominant focus of these three sections
What are sections 3, 4, and 5 of the Charter?
Section 1 focuses on this important clause
What is the Reasonable Limits Clause?
In 2002, Richard Sauve, an inmate of a federal prison, challenged a section of the Canada Elections Act because it infringed these sections of the Charter
What are Sections 3, 4, and 5?
Seeking a remedy is covered under this section
What is Section 24?
When charged with a crime, it is important for you to be aware of your legal rights at trial as guaranteed under this section
What is section 11?
"Everyone has the right to be secure against an unreasonable search and seizure" is a statement from this section of the charter
What is section 8?
Your rights under Section 13 of the Charter will be stripped if you are caught doing this
What is perjury?
In the Case of R. V. M.C., (2001) 191 N.S.R. (2d) 72 Nova Scotia Supreme Court, Family Division, the defence argued this section was infringed upon as M.C.'s mother was absent, and thus his words should be deemed inadmissable
What is Section 7?
If a law is passed and it goes against the constitution, the courts have the option to do this so that the law is no longer in effect
What is to strike down a law?
This section analyzes and determines if an individual was held in custody legally
What is Section 10?
This section focuses on acts deemed cruel and unusual
what is section 12?
Freedom of Conscience and Religion, Freedom of Thought, belief, Opinion, and Expression, Freedom of Peaceful Assembly, and Freedom of Association
What are the Fundamental Freedoms?
In the case of R. V. Macooh, [1993] 2 S.C.R. 802 Supreme Court of Canada, these sections were deemed to have been violated
What are Section 7 and Section 9?
If a law is passed and it goes against the constitution, the courts have the option to do this so that the law is narrowly interpreted (has strong constraints)
What is to read down a law?
Any person who does not speak English or French ahs the right to an interpreter during trial as outlined in this section
What is Section 14?
These Sections of the Charter cover the importance of our Language Rights
What are Sections 16 to 22?
A way to have your rights enforced if they have been infringed upon by the government
What is a Remedy?
In the case of Canada (Attorney General) v. JTI – Macdonald Corp,. 2007 SCC 30 (CanLII), the government infringed on the company's right to freedom of expression using this
What is the Reasonable Limits Clause?
Authority under section 52 of the Constitution Act, 1982 grants us this
What is a method of enforcing our freedom?
Evidence obtained during an illegal search may be thrown out under this section of the Charter
What is Section 24(2)?