The Charter (Rights and Freedoms)
What does it protect?
• It protects important rights and freedoms of people in Canada.
WHAT ARE THE TWO BIG LEGAL BUCKETS?
PUBLIC LAW
PRIVATE / CIVIL LAW
Which government level oversees federal elections and passes federal laws?
Federal elections are governed at the federal level. Parliament passes federal laws.
What is PRESUMPTION OF INNOCENCE
In a criminal case, an accused person is treated as innocent unless guilt is proven according to law.
True or False: The Charter does not limit what GOVERNMENTS and government authorities can do.
FALSE. it does limit what governments and government authorities can do.
PRIVATE / CIVIL LAW
CONTRACT LAW — legally enforceable agreements or promises.
Example: paying someone for work they never complete.
TORT LAW — harm or loss caused by another person's actions or carelessness.
Think: “You harmed me, so you may owe me.”
FAMILY LAW — legal issues involving families and relationships.
Example: parenting arrangements after separation.
What government level is responsible for education?
Provincial
Explain JUDICIAL INDEPENDENCE + IMPARTIALITY
Legal decisions should be made independently and without improper influence or personal interest.
What language rights are in the Charter?
• The Charter protects important rights involving Canada's official languages: English and French.
• These protections apply in particular government, parliamentary, court, and education settings.
List at least 1 specific law inside of Public Law and describe it.
CRIMINAL LAW — offences against society.
Example: assault, theft, impaired driving.
CONSTITUTIONAL LAW — government powers and constitutional rights.
Example: arguing that a law violates the Charter.
ADMINISTRATIVE LAW — decisions made by government agencies, boards or tribunals.
Example: challenging a decision about a licence, benefit, or government service.
CONSTITUTIONAL LAW — government powers and constitutional rights.
Example: arguing that a law violates the Charter.
ADMINISTRATIVE LAW — decisions made by government agencies, boards or tribunals.
Example: challenging a decision about a licence, benefit, or government service.
Explain what courts do.
Courts hear legal disputes, interpret and apply law, and can decide constitutional challenges.
Explain what a neutral decision-maker should do in the courtroom.
A decision-maker hears both sides, reviews the evidence, explains the decision — and reaches an outcome you strongly disagree with.
List the fundamental freedoms in the Charter
Freedom of conscience and religion
• Freedom of thought, belief, opinion and expression
• Freedom of peaceful assembly
• Freedom of association
Define what a law is, and list some examples on what they can do.
A LAW is a rule created and enforced by government.
Laws can:
• protect people and property
• maintain order
• resolve disputes
• protect rights
• establish responsibilities
• reflect — and sometimes change — society
List at least 2 issues that are dealt with at each government level
FEDERAL
Criminal law
Citizenship
National defence
Banking
Federal elections
PROVINCIAL
Education
Health delivery
Property & civil rights
Highways
Administration of justice
MUNICIPAL
Parking
Local roads
Garbage
Zoning
Parks
Explain why having a neutral decision-maker is essential for a fair process.
Fairness is not only about whether the decision-maker FEELS unbiased.
The process should also give people confidence that the decision-maker can act fairly.
List 3 out of the 5 legal rights in Canada
• Protection involving life, liberty and security of the person
• Protection against unreasonable search or seizure and arbitrary detention
• The right to know why you are arrested or detained and to contact a lawyer
• Fair-trial protections, including the presumption of innocence
• Protection against cruel and unusual treatment or punishment
Define what property law focuses on and provide an example.
PROPERTY LAW — ownership, possession, and use of property.
Example: a dispute over who owns or can use something.
A higher Ontario court previously decided that a similar rule did NOT apply to motorized mobility devices used because of disability.
A lower Ontario court now gets an almost identical case.
Does the earlier decision matter? Explain.
A decision from a higher court involving the same legal issue and very similar facts can strongly affect what the lower court must do.
List and explain at least 3 things that a fair court proceeding should have.
HEAR BOTH SIDES
USE EVIDENCE
NEUTRAL DECISION-MAKER
CONSISTENT RULES
REASONS FOR DECISIONS
OPPORTUNITY TO RESPOND
DUE PROCESS
PRESUMPTION OF INNOCENCE