The Charter
It's the section which contains our fundamental freedoms, like expression, association, and belief.
What is section 2?
It's the federal law which protects private law discrimianation from areas under federal jurisdiction
What is the Canadian Human Rights Act?
The Charter of Rights and Freedoms was the brainchild of this Prime Minister.
Who is Pierre Elliot Trudeau?
I know when that Hotline Bling! Kevin Fearon argued that a search of this was illegal because police did not follow proper procedure during his arrest.
What is a cellphone?
Premier Scott Moe has used this aspect of the Charter, which allows an override of sections 2 and 7-15 for a 5 year term.
What is the 'notwithstanding clause'?
Section 15 covers this, which ensures all aspects of the Charter are applied in a similar manner regardless of your heritage, age, race, etc.
What are equality rights?
He argued the Canadian Armed Forces were unfairly discriminating against him given his AIDS diagnosis. They responded that they could not possible treat him while on a ship.
Who is Thwaites?
She is the subject of a Netflix documentary for the plot to kill her parents and appear a victim.
Who is Jennifer Pan?
Hop in! This is the initial large collection of jurors gathered at a courthouse before the 12 jurors are selected.
What is a jury pool?
Section 1 orders that any Charter right may be limited if it is reasonable and justifiable. It soon led to this famous test to determine what reasonable and justifiable actually mean.
What is the Oakes test?
I want to speak to my lawyer!! Protection from unreasonable search and seizure, the right to a jury trial, and protection from cruel and unusual punishment all belong to this large category of Charter rights.
What are legal rights?
When someone suffers discrimination from a private party, and not the government, they may seek a remedy from this kind of provincial court.
What is a human rights commission or tribunal?
The BC Government argued this kind of defence when a female firefighter suggested their standards of fitness were discriminatory.
What is bona fide?
In R v. Sharma, the defendant argued the Criminal Code was unconstitutional because it denied her this form of a sentence as an option, despite other sections suggesting it should be available to indigenous offenders.
What is a conditional sentence?
Section 24 (2) states that this happens to any evidence which is collected by police in violation of the Charter.
What is it is thrown out or is inadmissible in court?
Move it or lose it lady! This category protects your ability to move in and out of the country for a variety of reasons.
What are mobility rights?
Though a criminal court has to have proof 'beyond a reasonable doubt' in order to order a conviction, a human rights case instead relies on this lower standard of proof.
What is on the 'balance of probabilities?'
An employer may be excused from discriminating against its employees if it can prove the discrimination is needed to avoid significant costs or safety risks.
What is undue hardship?
In R v. McGregor, the defendant argued his search and seizure rights had been violated because the Canadian government failed to recognize this important principle of international law.
What is diplomatic immunity?
One key difference between the Charter and the UDHR is how it is enforced. The UDHR relies on these to ensure its rights are protected.
What are domestic or national governments?
There are this many sections in the CCRF.
What is 34?
Unlike most cases involving the Charter, human rights cases between private parties may result in this kind of remedy or justice for the party who has been hurt.
What is financial compensation?
Unlike section 1, the limits from section 33 of the Charter can only be applied to these sections of the charter.
What are 2 and 7-15?
In R v. Oakes, the plaintiff argued the Narcotics Control Act was unconstitutional because it reversed the burden of proof, or took away this important right.
What is to be innocent until proven guilty?
Jurors in Ontario get paid, but only after they serve this many days in a trial.
What is 10?