The Charter
This document, entrenched in the Constitution Act of 1982, guarantees fundamental rights and freedoms to all Canadians.
What is the Canadian Charter of Rights and Freedoms?
When a law or government action unfairly limits freedom of expression, it may be considered this type of violation.
What is a violation of freedom of expression?
These are the five main freedoms guaranteed by Section 2 of the Charter, including freedom of religion and freedom of expression.
What are fundamental freedoms?
In Canada, people speak both English and French.
What are the Official Langauges of Canada?
Section 2 of the Charter guarantees these freedoms, including freedom of expression and freedom of religion.
What are fundamental freedoms?
This type of violation occurs when a person’s right to a fair trial under Section 11 is denied.
What is a violation of the right to a fair and public hearing?
This right protects Canadians from being detained or imprisoned without just cause and guarantees the right to know the reasons.
What is the right to liberty and security of the person (Section 7 and 9)?
The Canadian Prime Minister that was in power during 1982 signed the charter with Queen Elizabeth II.
Who was Pierre Elliot Trudeau?
This section of the Charter guarantees the right to life, liberty, and security of the person.
What is Section 7?
Police conducting a search without a warrant or reasonable grounds may violate this Charter protection.
What is protection against unreasonable search and seizure (Section 8)?
This right guarantees that anyone charged with an offence has the right to be presumed innocent until proven guilty.
What is the right to the presumption of innocence (Section 11)?
The 10 provinces, House of Commons, and Senate all need to vote if any changes want to be added to the charter.
What is the 7/50 rule?
The Charter applies to this level(s) of government in Canada.
What are federal, provincial, and municipal governments?
If a government law discriminates against someone based on race, gender, or disability, it breaches this Charter right.
What are equality rights under Section 15?
These rights protect citizens’ ability to vote and run for office in Canadian elections.
What are democratic rights (Sections 3-5)?
This allows either the Act of Parliament or the Provincial Legislature to operate without being affected by certain sections of the charter.
What is the Notwithstanding Clause?
This section protects Canadians from unreasonable search and seizure by authorities.
What is Section 8?
This clause allows courts to strike down laws that violate Charter rights, effectively removing the law or limiting its application.
What is the “remedy” power under Section 24?
This section guarantees equal protection and benefit of the law without discrimination, ensuring everyone’s equality under the law.
What are equality rights (Section 15)?
The process in which labor unions negotiate the terms of employment with an organization.
What is Collective Bargaining?